Downey v. Succession of Henderson
Supreme Court of Louisiana
APPEAL from tlie Citil District Court for the Parish of Orleans. King, J. 1. A builder’s account for labor performed and material furnished on job work is an open account and proscribed by three years. Article 3538, O. C. 2. Parol evidence is inadmissible to prove any acknowledgment of a debt by a deceased person in order to take the same out of proscription.
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APPEAL from tlie Citil District Court for the Parish of Orleans. King, J. 1. A builder’s account for labor performed and material furnished on job work is an open account and proscribed by three years. Article 3538, O. C. 2. Parol evidence is inadmissible to prove any acknowledgment of a debt by a deceased person in order to take the same out of proscription. Article 2278, O. O. Parol evidence ivS inadmissible to prove an acknowledgment of an open account in order to take the same out of prescrifrtiou. Act No. 78 of 1888. 3. A partnership, formed exclusively for manufacturing imrposes, and…
1Opinion of the Court
The opinion of the Court was delivered by
McEnery, J.
In the year 1879, during his lifetime, John Henderson employed Andrew Downey, a carpenter and builder, to construct a building and repair another on property owned in the City of New Orleans hy Henderson. Itemized accounts showing the amount of work done were recorded. In 1883, while Henderson was alive, Downey went into insolvency, and omitted to place on his schedule the amount now claimed from the succession of Henderson. Henderson died in 1885. Tlie widow John Henderson, natural tutrix of the several heirs of Henderson, filed a rule on…
2Cited by2 opinions
- Cox v. De Soto Crude Oil Purchasing Corp.District Court, W.D. Louisiana · 1944
- Murphy Iron Works v. Marx & Sons, Inc.Louisiana Court of Appeal · 1928