Legal Opinion

Associated Transport, Inc. v. Pusey

Superior Court of Delaware

Decided August 5, 1955No. 194, Civil Action, 1955PublishedCited by 11 opinions

1Opinion of the Court

Herrmann, J.:

The sole question is whether a period of limitations runs to the following day when the last day of the period falls upon Sunday.

This is an action for property damage resulting from a motor vehicle collision which occurred on February 27, 1952. The complaint was filed on Monday, February 28, 1955. The pertinent statute of limitations provides that no such action “shall be brought after the expiration of three years from the accruing of the cause of such action”. 10 Del. C. § 8106. It is con ceded by both parties that the last day of the period of limitations fell on Sunday,…

2Cases cited12 opinions

  1. Union National Bank v. LambSupreme Court of the United States · 1949
  2. Monacelli v. GrimesSupreme Court of Delaware · 1953
  3. Sherwood Bros. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  4. Poetz v. Sarah Mix & Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1951
  5. Wilkes v. United StatesCourt of Appeals for the Fifth Circuit · 1951

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

3Cited by11 opinions

  1. Vorhauer v. StateSupreme Court of Delaware · 1965
  2. Kelley v. Perdue FarmsSuperior Court of Delaware · 2015
  3. Williams v. SingletonSupreme Court of Delaware · 1960
  4. Nelson v. Frank E. Best Inc.Court of Chancery of Delaware · 2000
  5. Makin v. MacKCourt of Chancery of Delaware · 1975

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

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