Quimby v. Blackey
Supreme Court of New Hampshire
Assumpsit, to recover $250 and interest from January 1, 1872. Plea, the general issue, and statute of limitations. Verdict for the plaintiff.
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Assumpsit, to recover $250 and interest from January 1, 1872. Plea, the general issue, and statute of limitations. Verdict for the plaintiff. At the trial, April term, 1884, the plaintiff testified that in November, 1871, he lost his pocket-book, containing about $300, and that he had no information that either of the defendants had the money until March, 1883. The defendant John N. Blackey has resided in this state, and the defendant Ira N. Blackey out of this state, all the time since 1871. There was evidence tending to show that John N. Blackey found the pocket-book and money in the fall…
1Opinion of the CourtSmith, J.
1. The fraud by which a cause of action is concealed need qot be other than tbat which caused tbe original injury, in order to prevent tbe operation of the statute of limitations (Way v. Cutting, 20 N. H. 187, 192), or which from its nature remains secret. Bailey v. Glover, 21 Wall. 842. Tbe defendants’ neglect to give information to tbe plaintiff, in December, 1871, of the finding of bis money, and to restore it to him, knowing it was tbe plaintiff’s money, was a fraud upon him. By tbeir silence and inaction afterwards “ the original fraud was kept on foot.” Their wilful silence was a…
2Cases cited3 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Wear v. SkinnerCourt of Appeals of Maryland · 1877
3Cited by4 opinions
- Joseph v. LesnevichNew Jersey Superior Court Appellate Division · 1959
- Premium Management, Inc. v. Robert Walker v. David M. Emery, Third PartyCourt of Appeals for the First Circuit · 1981
- Hamlin v. OliverSupreme Court of New Hampshire · 1915
- State v. United States Steel Corp.Supreme Court of New Jersey · 1956