Kinsey v. Thompson

This cause is before us as the result of an action for personal injuries, filed by Milton Kinsey, as plaintiff, as against Ted Thompson, as defendant, following an accident. Defendant filed a motion to dismiss the plaintiff’s complaint on the ground that the action was barred by the two-year Statute of Limitations applicable in such cases. Plaintiff then raised the defense of estoppel in pais against the defense of the Statute of Limitations, and filed affidavits, at the time fixed for hearing of defendant’s motion to dismiss, setting forth that plaintiff personally discussed his claim with a…