Kennedy v. Estate of Kennedy

1 Citing case

  1. Stuart v. Estate of Stuart

    CAUSE NO. 1:15CV431-LG-RHW (S.D. Miss. Jul. 21, 2016)

    The loans were simply checks made out to the heir that created unwritten implied contracts for repayment, just as the funds transfer in this case created an unwritten implied contract for repayment. The court held that "with no later repayment date to point to, it makes sense that the only accrual date that can be applied is the date the loans were made." Kennedy v. Est. of Kennedy, 164 So. 3d 1033, 1038 (Miss. Ct. App. 2014), reh'g denied (Mar. 3, 2015), cert. denied sub nom. Kennedy v. Kennedy, 166 So. 3d 38 (Miss. 2015); see also In re Est. of Holmes, 188 So. 3d 1229, 1234 (Miss. Ct. App. 2015), reh'g denied (Feb. 9, 2016), cert. denied sub nom. Holmes v. Turner, 188 So. 3d 575 (Miss. 2016) (statute of limitations began to run when last check was written, thereby ending implied contract).