Desmarais v. People's Gas Light Co.
Supreme Court of New Hampshire
Case. The plaintiff claims the death of her intestate was caused by the defendant’s negligence. The suit was not brought for more than two years after his death. The plaintiff seeks to recover under P. S., c. 191, alleging the defendant’s fraudulent concealment and active misrepresentation of the facts as an avoidance of the limitation of the action to two years.
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Case. The plaintiff claims the death of her intestate was caused by the defendant’s negligence. The suit was not brought for more than two years after his death. The plaintiff seeks to recover under P. S., c. 191, alleging the defendant’s fraudulent concealment and active misrepresentation of the facts as an avoidance of the limitation of the action to two years. By amendment another count was added declaring upon the fraud and alleging that thereby the original cause of action was lost. Subject to exceptions, the court sustained a demurrer to the count on the original cause of action and…
1Opinion of the CourtPeaslee, J.
No recovery can now be had on the original cause of action. The statute which created the right made it conditional upon suit being brought within two years. Poff v. Company, 72 N. H. 164. If it were conceded that the general statute limiting actions for deceit could be tolled by the defendant’s fraudulent concealment, it would not affect the result here. “Unlike the general statute of limitations, this special statute creating the' right and giving the remedy does not merely confer a privilege upon the defendant to interpose a definite time limitation as a bar to the enforcement of a…
2Cases cited3 opinions
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Urtz v. New York Central & Hudson River RailroadNew York Court of Appeals · 1911
- Groendal v. WestrateMichigan Supreme Court · 1912
3Cited by21 opinions
- Robinson v. ShahCourt of Appeals of Kansas · 1997
- Pollen v. Ford Instrument Co.Court of Appeals for the Second Circuit · 1940
- Truncale v. Universal Pictures Co.District Court, S.D. New York · 1948
- Guerin v. New Hampshire Catholic Charities, Inc.Supreme Court of New Hampshire · 1980
- Jackson v. JacksonCourt of Appeals of Kentucky · 1958
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