Steinfield v. Massachusetts Bonding & Insurance
Supreme Court of New Hampshire
Assumpsit, upon a policy of indemnity insurance, being the same action heretofore reported, 79 N. IT. 422. The policy contained a stipulation that suit must be brought within 90 days after payment of loss or expense. This suit was not brought until between four and five months after such payment, but during this period the plaintiff was in the military service of the United States. If the action can be maintained there is to be judgment for the plaintiff.
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Assumpsit, upon a policy of indemnity insurance, being the same action heretofore reported, 79 N. IT. 422. The policy contained a stipulation that suit must be brought within 90 days after payment of loss or expense. This suit was not brought until between four and five months after such payment, but during this period the plaintiff was in the military service of the United States. If the action can be maintained there is to be judgment for the plaintiff. Transferred from the May term, 1920, of the superior court by Allen, J.
1Opinion of the CourtPeaslee, J.
The statute relied upon, known as the soldiers’ and sailors’ relief act, was passed before this cause of action accrued. It provides that “The period of military service shall not be included in computing any period now or hereafter to be limited by any law for the bringing of any action by or against any person in military service . . . .” 16., s. 205; U. S. Stat., 1918, Supp., s. 3078 34 e.
' The defendant’s argument is that the time for bringing suit was limited by the contract and not by “any law” and that therefore the statute does not apply. The defect in the argument is its assumption…
2Cases cited1 opinion
- Halle v. CavanaughSupreme Court of New Hampshire · 1920
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- Clark v. Mechanics' American Nat. BankCourt of Appeals for the Eighth Circuit · 1922
- Crawford v. AdamsCourt of Appeals of Texas · 1948
- Poston v. EbertMichigan Supreme Court · 1922
- Davis v. Brown, Pennsylvania Court of Common Pleas, Philadelphia County1942