Crawford v. Winterbottom

The opinion of the court was delivered by

Black, J.

This is an appeal front the judgment of the Essex Circuit Court, striking oui the plaintiffs’ complaint and entering judgment in favor of the defendants.

The ground on which the court rested its action was, that the facts set up in the plaintiffs’ complaint, if true, were not sufficient in law to constitute a waiver, by the defendants, of their right to plead the statute of limitations, to the plaintiffs’ complaint, or such as to- operate as an estoppel against them. The complaint alleges the suit was to recover a deficiency on a bond, after…