Roche v. Blair

Plaintiffs began the present suit in December, 1941, and in their amended declaration complained of defendants “ in an action in the nature of a civil conspiracy to defraud.” Defendants moved to dismiss on the ground that the declaration did not state a cause of action because, the alleged acts of fraud all having occurred more than six years prior to the beginning of suit, action therefor was barred by the statute of limitations (3 Comp. Laws 1929, §13976 [Stat. Ann. § 27.605]). The trial court granted defendants’ motion and on October 7,1942, entered an order dismissing the case as to all…