{"data":{"id":"us-ky/krs-413.130","jurisdiction":"us-ky","citation":"KRS 413.130","heading":"When certain actions in KRS 413.120 accrue.","body":"(1) In every action upon a merchants' account as described in subsection (9) of KRS\n413.120, the limitation shall be computed from January 1 next succeeding the\nrespective dates of the delivery of the several articles charged in the account.\nJudgment shall be rendered for no more than the amount of articles actually charged\nor delivered within five (5) years preceding that in which the action was brought. If\nany merchant willfully postdates any article charged in such account, or the receipt\nfor the delivery of  it, he shall forfeit ten (10) times the amount of the article\npostdated, to be credited against the account. This credit shall be allowed in an\naction on the account, without any written pleadings setting it up.\n(2) In an action to recover a balance due u pon a mutual open and current account\nconcerning the trade of merchandise between merchant and merchant or their\nagents, as described in subsection (10) of KRS 413.120, where there have been\nreciprocal demands between the parties, the cause of action is de emed to have\naccrued from the time of the last item proved in the account claimed, or proved to\nbe chargeable on the adverse side.\n(3) In an action for relief or damages for fraud or mistake, referred to in subsection (11)\nof KRS 413.120, the cause of acti on shall not be deemed to have accrued until the\ndiscovery of the fraud or mistake. However, the action shall be commenced within\nten (10) years after the time of making the contract or the perpetration of the fraud.","path":["KRS Chapter 413"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44671","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:36Z","sha256":"f9f0bc06b60ce9c0efa4804b61ea414cd2301ae4cd81c5345e81847847068f55","source_id":"us-ky","stale":false,"prev":"us-ky/krs-413.125","next":"us-ky/krs-413.135"},"notice":"GroundRules: Original legal text. Not legal advice."}