Weil v. Jacobs' Estate

Citations

• 111 La. 357
• 35 So. 599
• 1903 La. LEXIS 539

Syllabus

<p>PRESCRIPTION — EVIDENCE OP PAYMENTS — COMMUNITY—ACCEPTANCE BY WIDOW—ACKNOWLEDGMENT OP DEBT.</p> <p>1. Plaintiff issued executory process upon promissory notes which were prescribed on their face. The proceedings were enjoined by the widow and heirs of the maker, Jacobs, who pleaded the prescription of five years. Plaintiffs sought to prove an interruption of prescription by parol evidence that certain checks made by third parties to the order of Henry Jacobs had, in order to pay the interest upon the notes, been handed to the plaintiff by Jacobs, with the words “Henry Jacobs” indorsed upon them, and that, as so indorsed, they were paid on presentation. The name “Henry Jacobs” was written by neither the maker, Jacobs, nor by any agent for him. The testimony, under article 2278 of the Civil Code, was inadmissible for that purpose.</p> <p>2. A widow who has accepted unconditionally the community which had existed between herself and her husband is entitled to the protection of the provisions of article 2278, Civ. Code, when it is sought to hold her liable upon notes executed by her husband which are prescribed upon their face through parol evidence of an acknowledgment or promise to pay the same made by her husband.</p> <p>3. After prescription has accrued upon a note, a written acknowledgment of the continued existence of the debt does not carry with it a legal liability to pay, in the absence of a written promise to that effect.</p> <p>(Syllabus by the Court.)</p>