Legal Opinion

Bennett-Brewer Hardware Co. v. Wakeman

Supreme Court of Louisiana

Decided January 4, 1926No. 27476PublishedCited by 21 opinions

1Opinion of the CourtRogers, J.

The sole inquiry here is whether the prescription of 3 years applicable to accounts may be orally interrupted. The answer to the question requires the interpretation of Act 78 of 1S88, amending and re-enacting Civ. Code, art. 3538. Prior to its amendment, the codal article read, in part, as follows:

“The following actions are prescribed by three years: * * * That on all other open accounts.
“This prescription only ceases from the time there has been an account acknowledged, a note or bond given, or an action commenced.”

The amendatory statute substituted for the words “all other open accounts”…

2Cases cited7 opinions

  1. Boullt v. SarpySupreme Court of Louisiana · 1878
  2. Henry Block Co. v. PapaniaSupreme Court of Louisiana · 1908
  3. Sleet v. SleetSupreme Court of Louisiana · 1903
  4. McDaniel v. LalanneSupreme Court of Louisiana · 1876
  5. Shultz v. HoughtonSupreme Court of Louisiana · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Bartley, Incorporated v. Town of WestlakeSupreme Court of Louisiana · 1959
  2. State Ex Rel. Hodge v. GraceSupreme Court of Louisiana · 1938
  3. Wenk v. AnismanSupreme Court of Louisiana · 1947
  4. White Bros. Co. v. ShinnLouisiana Court of Appeal · 1935
  5. Duncan v. RoaneLouisiana Court of Appeal · 1961

16 more not listed; retrieve them via the Exa API.

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