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5 Louisiana opinions name it 2 courts 1982–2015 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Whitehall Oil Company v. Boagnigreen2 sentences2015What if instead of one or two checks it had issued ten or more payments to claimant before his claim had been “reevaluated”? |2In his dissent in Whitehall Oil Co. v. Boagni, 217 So.2d 707, 713-14 (La.App. 3d Cir.1969), Judge (later Justice) Tate wrote: The exception sought to be applied here does violence to the general legal principle that, for the stability of society and of transactions, voluntary payments made with full knowledge of all the facts and not under duress may not subsequently be recovered, even though the amount so paid is not actually owed. 2015As Judge (Justice) Tate opined in Whitehall Oil Co., 217 So.2d at 713-14 , “The exception sought to be applied here does violence to the general legal principle that, for the stability of society and of transactions, voluntary payments made with full knowledge of all the facts and not under duress may not subsequently be recovered, even though the amount so paid is not actually owed.” Only through the voluntary action by claimant’s attorney could the insurer recover the money paid. | 1 | 2 |
Chrysler Financial v. Gene Ducote Auto.green1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
Ritchie Grocer Co. v. Deangreen2 sentences2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So 2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
Tolmas v. Weichertgreen1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
BELL FENCE v. Bondgreen1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
Gulfcoast Newspapers, Inc. v. Cartgreen1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
Ford Marketing Corp. v. First Auto Partsgreen1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Carmouche
green
1 sentence2013State v. Carmouche, 01-0405 (La.5/14/02), 872 So.2d 1020, 1041 . | 1 | 2013–2013 |
Nathan v. Carter
green
2 sentences2010This species of contra non valentem is simply a specific example of the general legal principle that a party cannot “take advantage of his own wrongful act.” Nathan, 372 So.2d at 562 . 2010This species of contra non valentem is simply a specific example of the general legal principle that a party cannot "take advantage of his own wrongful act." Nathan, 372 So.2d at 562 . | 1 | 2010–2010 |
Landreneau v. Duplechin
green
1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 2008–2008 |
Butler v. LOUISIANA STATE BD. OF EDUCATION
green
1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 2008–2008 |
Tolmas v. Weichert
neutral
1 sentence2008C.C. art. 3494 for suits on open accounts runs from the date of the last charge, entry, purchase, payment, or other transaction (citing Chrysler Financial Company, L.L.C. v. Gene Ducote Automotive, L.L.C., XXXX-XXXX (La.App. 5th Cir.3/1/05), 900 So.2d 119, 123 (prescription begins to run from the date of the last charge, purchase, payment, or credit entry on the account); Tolmas v. Weichert, 616 So.2d 244, 246 (La.App. 4th Cir.), writ denied, 620 So.2d 878 (La.1993) (the prescriptive period on an open account runs from the last charge or payment on the account); Landreneau v. Duplechin, 595 So | 1 | 2008–2008 |
Whitehall Oil Co. v. Boagni
green
1 sentence1982The rule was stated in a dissenting opinion in Whitehall Oil Company v. Boagni, 217 So.2d 707 (La.App. 3rd Cir. 1968) in which Judge Tate, then a member of the Court of Appeal, referred to "the general legal principle that, for the stability of society and of transactions, voluntary payments made with full knowledge of all the facts and not under duress may not subsequently be recovered, even though the amount so paid is not actually owed." (Citations omitted) *315 The Supreme Court granted writs in Whitehall Oil Company v. Boagni, supra, but affirmed the majority holding. 229 So.2d 702 (La.19 | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.