No. 21440 Precedential Affirmed. Processed

Bryceland Lumber Co. v. Berlin

Louisiana Supreme Court · Filed April 1, 1918 · 78 So. 482

Also decided on this docket: La. Ct. App. 1st Cir., November 30, 1959 115 So. 2d 880

Cited by

Lilliedahl & Mitchel v. Avoyelles Trust & Sav. 352 So. 2d 781 La. Ct. App. 3d Cir. 1977
Kramer v. Freeman 3 So. 2d 609 La. 1941
Roney v. Peyton 159 So. 469 La. Ct. App. 1st Cir. 1935
Union Title Guarantee Co. v. Perkins 5 La. App. 389 La. Ct. App. 1st Cir. 1927

Authorities cited

Identified automatically; this list may not be exhaustive.

Bryceland Lumber Co. v. Kerlin 137 La. 1
Bryceland Lumber Co. v. Kerlin 140 La. 867
46 La. Ann. 1208 not in our corpus

Opinion text

O’NIELL, J. This is an action to recover 87,028.60 paid by the plaintiff for debts due by the defendants. The suit is similar to the two eases of the same title reported in 137 La. 1 , 68 South. 192 , and 140 La. 867 , 74 South. 177 . The only serious defense made is a plea of prescription of one and three years, which plea was rejected by the district court. T. J. Berlin alone has appealed from the judgment rendered against him and the T. J, Berlin Lumber Company in solido. The debts paid by the plaintiff, to recover *243 which this suit was brought, were due by the T. J. Kerlin Lumber Company, whose property was sold by T. J. Kerlin to the plaintiff under a written contract of warranty on Kerlin’s part against such debts. 1-Ie owned or controlled all of the capital stock of the corporation whose property he transferred to the Bryceland Lumber Company. Thereafter, as vice president and general manager of the latter corporation, he had the accounts credited to his and the T. J. Kerlin Lumber Company’s creditors, on the books of the Bryceland Lumber Company, and caused the debts to be paid with funds of the Bryceland Lumber Company. A suit by the latter to recover the amount so paid is not subject to the prescription of one year nor of three years, but to that of ten years. R. C. C. 3544; Reddick v. White, 46 La. Ann. 1208 , 15 South. 487 . The judgment appealed from is affirmed.