DeROUIN v. HINPHY

No. 2912.

209 So.2d 352 (1968)

David Bernard DeROUIN v. William G. HINPHY and Gladys A. Hinphy.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 6, 1968.

Writ Refused June 21, 1968.


Attorney(s) appearing for the Case

H. Alva Brumfield, Evangeline M. Vavrick, New Orleans, for plaintiff-appellant.

F. Irvin Dymond and George M. Leppert, New Orleans, for defendants-appellees.

Before HALL, JOHNSON and TUCKER, JJ.


HALL, Judge.

Plaintiff filed suit on a written document which he termed a "promissory note" seeking judgment against defendants for $12,100.00 plus interest and costs. On the date set for trial defendants filed a plea of prescription of three years pursuant to LSA-C.C. Art. 3538 based on the ground that the document sued upon was not a promissory note but merely an acknowledgment of indebtedness for money loaned and since the document was dated November 3, 1960 and...

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