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or extinguished, ir they ever dia exist,
TO hold that by concesling a fraud, or by
committing a fraud in a manner that it
concealed itself until auch time as the
party committing the fraud could plead
the statute of limitations to protect it,
is to make the lew which was designed to
prevent fraud the means by which it 1a
made auccessful and secure. Cited in Exploration
Company V. United States, 247 U.S. at P. 44Y.
Vice Chancellor Leaming in the West Jersey Railroad Company
case, aupra, explained that the statute is for the benefit of the
individual and not to aecuro general objects of policy; so,
therefore, its benefits may be lost by conduct invoking the princi-
ples of estoppel in pais, as well as is familiariy known, by waiver.
In New Jersey, a person who has been wronged by fraud is re-
lieved from the ber of the statute of limitations et law by a unique
method. The plaintiff goes into the Court of Chancery end enjoins
the plea of the statute at law.
The phase or the doetrine with which this case is concerned,
"fraudulent concealment" of a cause of action, is established on
a broad basis in this State.
It is not necessary that the acts or conduct constituting the
concealment of a cause of action be auch as would be required to
make out fraud in a law court.
The test is defined as follows:
"Also, it should be noted that while the
doctrine of estoppel in país rests upon the
ground of fraud, it is not essential that
the representations or conduct giving rise
to its epplication should be fraudulent in
the strictly legal significance of that term,
or with intent to mislead or deceive; the
test appears to be whether, in all the circum-
stances of the case, conscience and duty of
honest deeling should deny one the right to
repudiate the consequences of his represen-
tations or conduct; whether the author of a
proximate cause may justly repudiate its natural
and reasonably anticipated effect; freud,
in the sense of a court of equity, proper-
ly including all acts, omissions and con-
cealments which involve a breach of legel
or equitable duty, trust or confidence,
justly reposed, and are injurious to another,
or by which an undue and unconseientious ad-
vantage is taken of another. 1 Story Eq. Jur.
Sec. 187. the authorities in this state to the
general effect stated are Lamb V. Martin,
43 N.J. EQ. 34, 37; Martin V. State Insurance co.
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"ocrText": "or extinguished, ir they ever dia exist,\nTO hold that by concesling a fraud, or by\ncommitting a fraud in a manner that it\nconcealed itself until auch time as the\nparty committing the fraud could plead\nthe statute of limitations to protect it,\nis to make the lew which was designed to\nprevent fraud the means by which it 1a\nmade auccessful and secure. Cited in Exploration\nCompany V. United States, 247 U.S. at P. 44Y.\nVice Chancellor Leaming in the West Jersey Railroad Company\ncase, aupra, explained that the statute is for the benefit of the\nindividual and not to aecuro general objects of policy; so,\ntherefore, its benefits may be lost by conduct invoking the princi-\nples of estoppel in pais, as well as is familiariy known, by waiver.\nIn New Jersey, a person who has been wronged by fraud is re-\nlieved from the ber of the statute of limitations et law by a unique\nmethod. The plaintiff goes into the Court of Chancery end enjoins\nthe plea of the statute at law.\nThe phase or the doetrine with which this case is concerned,\n\"fraudulent concealment\" of a cause of action, is established on\na broad basis in this State.\nIt is not necessary that the acts or conduct constituting the\nconcealment of a cause of action be auch as would be required to\nmake out fraud in a law court.\nThe test is defined as follows:\n\"Also, it should be noted that while the\ndoctrine of estoppel in país rests upon the\nground of fraud, it is not essential that\nthe representations or conduct giving rise\nto its epplication should be fraudulent in\nthe strictly legal significance of that term,\nor with intent to mislead or deceive; the\ntest appears to be whether, in all the circum-\nstances of the case, conscience and duty of\nhonest deeling should deny one the right to\nrepudiate the consequences of his represen-\ntations or conduct; whether the author of a\nproximate cause may justly repudiate its natural\nand reasonably anticipated effect; freud,\nin the sense of a court of equity, proper-\nly including all acts, omissions and con-\ncealments which involve a breach of legel\nor equitable duty, trust or confidence,\njustly reposed, and are injurious to another,\nor by which an undue and unconseientious ad-\nvantage is taken of another. 1 Story Eq. Jur.\nSec. 187. the authorities in this state to the\ngeneral effect stated are Lamb V. Martin,\n43 N.J. EQ. 34, 37; Martin V. State Insurance co."
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