413.130 When certain actions in KRS 413.120 accrue.

260 words·~1 min read·/ky/chapter-413/413-130

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In every action upon a merchants' account as described in subsection

(9)of KRS

413.120, the limitation shall be computed from January 1 next succeeding the

respective dates of the delivery of the several articles charged in the account.

Judgment shall be rendered for no more than the amount of articles actually charged

or delivered within five

(5)years preceding that in which the action was brought. If

any merchant willfully postdates any article charged in such account, or the receipt

for the delivery of it, he shall forfeit ten

(10)times the amount of the article

postdated, to be credited against the account. This credit shall be allowed in an

action on the account, without any written pleadings setting it up.

(2)In an action to recover a balance due upon a mutual open and current account

concerning the trade of merchandise between merchant and merchant or their

agents, as described in subsection

(10)of KRS 413.120, where there have been

reciprocal demands between the parties, the cause of action is deemed to have

accrued from the time of the last item proved in the account claimed, or proved to

be chargeable on the adverse side.

(3)In an action for relief or damages for fraud or mistake, referred to in subsection

of KRS 413.120, the cause of action shall not be deemed to have accrued until the

discovery of the fraud or mistake. However, the action shall be commenced within

ten

(10)years after the time of making the contract or the perpetration of the fraud.