LeBoeuf v. Riera

HALL, Judge.

Plaintiff sued defendant for $355.76 balance due on an open account for insurance premiums. The itemized account sued on shows charges covering a period from December 9, 1955 to December 9, 1958, and lists certain payments made by defendant. Defendant answered denying any indebtedness to plaintiff and in the alternative specially pled the prescription of three years under the provisions of LSA-C.C. Art. 3538. Following trial on the merits judgment was rendered in plaintiff’s favor as prayed. Defendant appealed.

Plaintiff’s suit was filed January 26, 1962 and since the last charge…