Legal Opinion

Tucker v. Owen

Court of Appeals for the Fourth Circuit

Decided January 4, 1938No. 4206PublishedCited by 9 opinions

1Opinion of the Court

SOPER, Circuit Judge.

In this suit brought by G. H. Tucker, receiver for the First National Bank of Chase City, Va., plaintiff in the District Court, against W. H. Owen on three promissory notes, the question is whether an unwritten promise, with nothing more, not to plead the statute of limitations to a debt, made before the bar of the statute has fallen, and relied upon by the plaintiff, is enforceable by reason of waiver or estoppel after the bar has fallen under the provisions of section 5821 of the Virginia Code of 1936.

When the receiver was appointed, the defendant was largely indebted…

2Cases cited16 opinions

  1. Schroeder v. YoungSupreme Court of the United States · 1896
  2. Shapley v. . AbbottNew York Court of Appeals · 1870
  3. Lloyd v. SmithSupreme Court of Virginia · 1928
  4. Sawyer v. PrickettSupreme Court of the United States · 1874
  5. Culpeper National Bank, Inc. v. Tidewater Improvement Co.Supreme Court of Virginia · 1916

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Appel v. HupfieldCourt of Appeals of Maryland · 2001
  2. Kincheloe v. MilatzoWyoming Supreme Court · 1984
  3. United States v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fourth Circuit · 1968
  4. United States ex rel. Humble Oil & Refining Co. v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Fourth Circuit · 1968
  5. Blondes v. HayesCourt of Special Appeals of Maryland · 1976

4 more not listed; retrieve them via the Exa API.

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