Hennessey v. Stempel

Citations

• 52 La. Ann. 449

Syllabus

<p>Syllabus.</p> <p>1. This not being a suit for the return of a note which had peen' pledged, the prescription applicable to the acquisition of movables (acctnirenOA omisa) (C. C., 3509) does not obtain.</p> <p>2. Being an action for the recovery of moneys had and realized by the pledgees for and on account of the note pledged, over and above the sum needed to satisfy their claim against the pledgors, the prescription which operates a release from debts (liberandi causa) of ten years only applies.</p> <p>3. And those collections only are barred which were made at dates ten years before service of the citation herein.</p> <p>4. The presumption of payment resulting from the lapse of the time necessary for prescription is juris et de jure.</p>