Kentucky Statutes of Limitation

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Kentucky Statutes of Limitation

Post by David A. Szwak »

Kentucky Statutes of Limitation

Recovery of real property: 15 years (KRS 413.0 10).

Judgment, contract or bond: 15 years (KRS 413.110).

Breach of sales contract: 4 years (KRS 355.2- 725).

Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).

Action on check, draft or bill of exchange: 5 years (KRS 413.120).

Action for fraud or mistake: 5 years (KRS 413.120).

Actions not provided for by statute: 10 years (KRS 413.160).
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Causey v. Cohron,
216 Ky. 164, 287 S.W. 544, Ky., October 19, 1926

...that, inasmuch as there was no judgment for costs in the original suit, the claim for costs was a mere open account against which the statutes of limitation have run, barring and tolling the same five years after May 8, 1916, the date of the judgment and long before the institution of this action in 1924. There...

...do so. No award for cost having been made by the judgment, the claim upon that item was a mere open account and was subject to be barred by the statute of limitation, as other such accounts, by the expiration of five years. [4] If appellee, Cohron, as is averred in the petition and claimed by him, paid the cost, he did so...


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2. Thomas' Adm'r v. Lowe,
10 Ky.L.Rptr. 637, 1888 WL 1276, Ky.Super., December 19, 1888

...Held that, conceding that section 19, c. 100, Gen.St., applies to plaintiff's demand, it is barred by the statute of limitations. He could have distrained on the 13th of December, 1877, and this right existed up to and including December 13, 1882. After that time the fee bill was put upon the footing of an open account, and was barred after the expiration of five years from that time. 241 Limitation of Actions 241V Pleading, Evidence, Trial, and Review 241k 181 Pleading Statute as Defense...


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3. Smith v. Warden,
4 Ky.L.Rptr. 553, 80 Ky. 608, 1883 WL 7782, Ky., January 18, 1883

...last item, to the date at which the claims were presented in August, 1879. After the expiration of the three years from the first of January ensuing the rendition of the services, the right to distrain terminated, and the clerk held the fee-bills as any other open account against the intestate for services rendered, and the statute of limitations must certainly apply unless the special enactments will prevent the running of the statute. It is urged that the further...


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4. New Orleans, O. & G. W. R. Co. v. Lindsay,
71 U.S. 650, 1866 WL 9476, 18 L.Ed. 328, 4 Wall. 650, U.S.La., December Term 1866

...contract had been performed; claimed damages by way of ‘re-convention,’ and ‘pleaded the prescription of one year and three years;’ that is to say, set up, in argument, the bar of limitation of one year, under article 3499 of the Civil Code , which prescribes, that actions ‘for the payment of the freight of ships and other vessels are prescribed by one year;’ and the limitation of three years, to which an act of the Louisiana legislature limits actions upon open accounts. The court found, on a submission of the case to them, in accordance with the Louisiana practice, that a large...


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5. McLean v. Meek,
59 U.S. 16, 18 How. 16, 1855 WL 8221, 15 L.Ed. 277, U.S.Miss., December Term 1855

...evidence of the demand, as alleged, and which we do not doubt exists, yet it is only evidence of an open account existing at the time of Joseph Meek's death, in 1838, and therefore subject to be barred by the act of limitations in Mississippi barring such claims, if suit is not brought to enforce them within three years next after the cause of action accrued. The answers of the administrator and heirs of Joseph Meek rely on the...


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David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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