
    No. 11,963.
    Chambers Roy & Co., Limited, vs. S. A. Knapp et al.
    The debtors’ note given for an open account does not necessarily novate the debt.
    A PPEAL from the Twelfth Judicial District Court for the Parish, of Calcasieu. Fournet, J.
    
    
      Arséne P. Pujo for Plaintiff, Appellee.
    
      D. B. Gorham, T. T. Taylor and Saunders & Miller for Defendants,. Appellants.
    Argued and submitted February 10, 1896.
    Opinion handed down February 24, 1896.
    Rehearing refused June 25, 1896.
   The opinion of the court was delivered by

Breaux, J.

The facts are similar to those in the case of A. Lehman & Co. vs. S. A. Knapp et als., ante, p. 1148, save that the plaintiffs held notes representing defendants’ indebtedness to them. The acceptance of a note is not deemed a payment or novation unless the parties so agree.

It follows that if a corporation becomes indebted at. a time when those who organized it are in default in not properly indicating, as-the State requires, that it is a company limited, they are liable personally and are not discharged by the fact that their creditors accepted their note.

The judgment is therefore affirmed.  