Goldsberry v. Frank Clendaniel, Inc.

Layton, J.:

Whether or not the Statute of Limitations of one year bars a third-party claim under Rule 14 presents an interesting and little discussed problem. Gray v. Hartford Accident & Indemnity Co., D. C., 36 F. Supp. 780 and Adam v. Vaquier, D. C., 48 F. Supp. 275, are the only authorities cited as being squarely on point. Both decisions hold that the filing of a third-party complaint is not barred by limitations. In the Gray case, a Louisiana statute provided that an action brought against one of two or more joint tort-feasors tolls the running of the Statute of Limitations as to the…