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DAUBE v. BRUNO

No. 85-C-2316.

493 So.2d 606 (1986)

Alfred B. DAUBE v. Liane BRUNO, Whitney National Bank of New Orleans, and Commercial Bank and Trust Company.

Supreme Court of Louisiana.

September 8, 1986.

Attorney(s) appearing for the Case

Herschel L. Haag, III, Elizabeth R. Haak, Patrick A. Tally, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, et al., for applicant.

Philip A. Gattuso, Elizabeth J. Futrell, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, et al., for respondent.

DENNIS, Justice.*

The issue presented by this case is whether an action which arises in favor of the true owner and payee of a check when a bank pays the instrument on a forged indorsement, see La.R.S. 10:3-419(1), is prescribed by one year as a delictual action under Civil Code article 3492 or by five years as an action on a negotiable instrument under article 3498. The trial court sustained the bank's exception of prescription,

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