State Trust Co. v. Sheldon
Supreme Court of Vermont
Assumpsit upon a promissory note. Plea, the statute of limitations. Replication, that the defendants agreed in writing to waive the statute. Rejoinder, that the defendants did! not so agree within six years before suit brought. Demurrer to rejoinder. Heard on demurrer at the March term, 1895, Rutland County, Thompson, J., presiding. Demurrer sustained, pro forma, and judgment for the plaintiff.. The defendants except.
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Assumpsit upon a promissory note. Plea, the statute of limitations. Replication, that the defendants agreed in writing to waive the statute. Rejoinder, that the defendants did! not so agree within six years before suit brought. Demurrer to rejoinder. Heard on demurrer at the March term, 1895, Rutland County, Thompson, J., presiding. Demurrer sustained, pro forma, and judgment for the plaintiff.. The defendants except. The Vermont cases regard a promise to waive the statute of limitations as a new promise, which must be made within .six years. No estoppel to plead it arises from the agreement.…
1Opinion of the CourtThompson, J.
As a part of the promises and undertaking in the declaration mentioned, and at the time of making the same, the defendants agreed in writing to waive the statute of limitations in respect to such promises and undertaking. Relying upon this agreement the plaintiff did not bring its action until more than six years from the time that it accrued. The question presented by the pleadings is whether the defendants are estopped by the agreement from pleading the statute of limitations in bar of plaintiff’s action.
It is urged that the agreement to waive the statute is void because by private…
2Cases cited2 opinions
- Burton v. StevensSupreme Court of Vermont · 1852
- Gay's Estate v. HassomSupreme Court of Vermont · 1892
3Cited by19 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- Wells, Fargo & Co. v. EnrightCalifornia Supreme Court · 1900
- Holman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1902
- Metropolitan Life Ins. Co. v. PeelerSupreme Court of Oklahoma · 1918
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