Public-domain · open source
OpenJurist

10 Teiss. 76

Appleton v. Hawkins

Louisiana Court of Appeal

Decided December 9, 1912

Louisiana Court of Appeal · decided 1912-12-09

<p>Appeal from the Civil District Court, Parish of Orleans, Division “D,” No. 95,718, Hon. Porter Parker, Judge.</p>

Decided 1912-12-09

¶1His Blonor,

EMILE GODCHAUX,

¶2rendered the opinion and decree of the Court as follows:

¶3This suit on a promissory note, filed more than five years after its maturity, resulted below in a judgment in plaintiff’s favor. The defendant relied solely upon his plea of prescription of five years. To meet this defense and to show an interruption of .prescription, the plaintiff was permitted to prove by parol, over defendant’s objection, and has in fact established, that the latter had acknowledged and promised to pay and had made partial payments of the debt on sundry occasions before the period of prescription had accrued.

¶4Thé judgment is córrect, for it is well settled that parol evidence is admissible for the purpose of establishing an interruption of prescription.

¶521 An., 179; 28 An., 247; 33 An., 301; 34 An., 752; 121 La., 683, and other caees.

¶6It is accordingly ordered and decreed that the judgment be affirmed.

*77Opinion and decree, December 9th, 1912.Rehearing refused, January 13th, 1913.Writ denied, February 18th, 1913.

¶7Judgment affirmed.

/10/teiss/76 · .json · Public domain