Ohse v. Fisk
Ohse v. Fisk
Opinion of the Court
The defendant is sued on a promissory note. He pleaded the prescription of five j'uars. The note was on its face prescribed. On the trial plaintiff offered by parol proof to shew promises or acts interruptive of prescription, which was objected to under C. C. 2278, inhibiting “parol proof of any acknowledgment or promise to pay any debt or liability evidenced by writing, when prescription has already run.” The objection was sustained and the proof excluded. The ruling was erroneous. That the provision relied on to support it, applies to renunciations and not to interruptions of prescription is settled by an unbroken line of authority. Bernstew
Judgment reversed and case remanded.
Reference
- Full Case Name
- August Ohse v. Frederick Fisk
- Status
- Published