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E. Marqueze & Co. v. Bloom, Kahn & Co.

E. Marqueze & Co. v. Bloom, Kahn & Co., 22 La. Ann. 328 (1870)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 15, 1870
Docket
No. 1980
Judges
Howell
Citations
22 La. Ann. 328
Headnotes
Tlio answer of tbc debtor to a cleric of tlio creditor, wlio presented a bill for payment, “ that lie will attend to it/’ is not a sufficient acknowledgment t j interrupt prescription.
Summary
from the Fourth District Court for the parish of Orleans. Théarcl, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Howell

Text extracted by OCR from a scanned original; check the original for exact wording.

Howell, J.

The only question presented in this appeal is the interruption of prescription.

The whole of the evidence on this point is in the testimony of one of plaintiff’s clerks, in the following- words: “In about 1863, in the spring, Mr. Levi was passing by the store, and Mr. Marqueze stopped him, aud asked about payment of bill, and Mr. Levi stated that lie would attend to it. That was all I heard.”

This is not an acknowledgment of the creditor’s right, which, under article 3486, C. C., interrupts prescription. The statement that lie would see about a bill, does not prove that plaintiffs had the right to demand payment of the bill, in suit, from the appellant, who made such a statement, or that the bill was correct, and the appellant bound to pay it. At most, it merely implies that he will inquire into its correctness, and his liability to pay.

It is therefore ordered that the judgment against A. Levi, appellant,, be reversed, and that there be judgment in his favor, with costs in both courts.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1931: 11938: 11945: 11970: 119312026peak 1931 · 1

Relies on it most ⓘ

  1. Guaranty Bank & Trust Co. v. Hunter137 So. 904 (La. 1931)
  2. Gibson Greeting Cards, Inc. v. Cabibi237 So. 2d 897 (La. Ct. App. 1970)
  3. First Nat. Bank Bldg. Co. v. Dickson & Denny21 So. 2d 226 (La. 1945)
  4. Farrnbacher v. Levy180 So. 254 (La. Ct. App. 1938)

Most recent

  1. Gibson Greeting Cards, Inc. v. Cabibi237 So. 2d 897 (La. Ct. App. 1970)
  2. First Nat. Bank Bldg. Co. v. Dickson & Denny21 So. 2d 226 (La. 1945)
  3. Farrnbacher v. Levy180 So. 254 (La. Ct. App. 1938)
  4. Guaranty Bank & Trust Co. v. Hunter137 So. 904 (La. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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