Nelson Morris & Co. v. Cisler

It is clear that the statute of limitations bars an action on this account unless the proof shows that the defendant concealed himself for such a length of time 'as that, deducting it from the whole time, it will save the action from the bar. On this the plaintiff has the burden, as it is new matter in avoidance. Lindsay v. Maxwell, 4 N. P., 354.

The defendant was not .absent from the state. Does the evidence show he concealed himself? Concealment means some affirmative act on his part which would prevent the plaintiff from discovering his whereabouts. Mere ignorance of his whereabouts is not…