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leat his olnin to the bar of the statute and
then be permitted to pload the very delay cauned
by hia courso of conduet to e defense to the action
when, brought This la recognized by our federal
auprome eourt as a rule of justice in the conclud-
ing sentence of the opinion of the oourt in Thomp
son V. The Phoenix Insurence Coes and 1s
made the basia of decimion in Kagner Ve Mutual Lire
Association, supre
"Any suggestion of wnt of authority of
MadDonela end lir. Turnbull to bind defondants by
the ir conduet is untenable. Admittedly both vore
acting within the field of thoir amployment. Dee
fondanta asnot avail thonselvos of the fruita of
their astivities and at the time esompe
sponsibility for the nethods employed by theme
In Patriok V.° Groves, 115 N.° Je E. 308, the defendant, who had
been an attorney for the pleintist, mieappropriated hia olients
money. In affirming the of the Court of Chaneery enjoining
a ploa of the statute to an nation at law to zecover the misappro
priate money, the Court of and Appenla held that the
defendent's fraudulent conduct was zesponaible for the
delay in prosecuting thoir action and that he was estopped thereby
to set up the statuto. The Court approved the statenmt of the
dootrine of estoppel in pais in the Went Jozsey Bailrosd 0630, suma
Generally, ignomace of the existenco of e causo of action is
required on the part of the plaintiff. The 1nok of knowledge of
evidence or the identity of the defendant is not sufficient to invoke
the dostrine of froudulent condealment. Dut in Noel V. Teffeau, 110
N.J.E. 446, a *hit and run arivor or en automobile was restreined
by the Court of Chancery from setting up the defense of the atatute
to an action brought by the person whom he had injured. This de-
cision was influenced by a statute of liew Jersey meking it the duty
of persons Involved in aod. denta to report suoh to proper
authozities.
Undex the orthodox doctrine of fraudulent doncealment, it is
required that the plaintiff be in ignorance of the existence of the
causo or setion and that the plaintiff must intond to keap the de-
fondant in thereof. Bilence 13 not to mako out
traudulent conossiment.
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Document data
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"ocrText": "leat his olnin to the bar of the statute and\nthen be permitted to pload the very delay cauned\nby hia courso of conduet to e defense to the action\nwhen, brought This la recognized by our federal\nauprome eourt as a rule of justice in the conclud-\ning sentence of the opinion of the oourt in Thomp\nson V. The Phoenix Insurence Coes and 1s\nmade the basia of decimion in Kagner Ve Mutual Lire\nAssociation, supre\n\"Any suggestion of wnt of authority of\nMadDonela end lir. Turnbull to bind defondants by\nthe ir conduet is untenable. Admittedly both vore\nacting within the field of thoir amployment. Dee\nfondanta asnot avail thonselvos of the fruita of\ntheir astivities and at the time esompe\nsponsibility for the nethods employed by theme\nIn Patriok V.° Groves, 115 N.° Je E. 308, the defendant, who had\nbeen an attorney for the pleintist, mieappropriated hia olients\nmoney. In affirming the of the Court of Chaneery enjoining\na ploa of the statute to an nation at law to zecover the misappro\npriate money, the Court of and Appenla held that the\ndefendent's fraudulent conduct was zesponaible for the\ndelay in prosecuting thoir action and that he was estopped thereby\nto set up the statuto. The Court approved the statenmt of the\ndootrine of estoppel in pais in the Went Jozsey Bailrosd 0630, suma\nGenerally, ignomace of the existenco of e causo of action is\nrequired on the part of the plaintiff. The 1nok of knowledge of\nevidence or the identity of the defendant is not sufficient to invoke\nthe dostrine of froudulent condealment. Dut in Noel V. Teffeau, 110\nN.J.E. 446, a *hit and run arivor or en automobile was restreined\nby the Court of Chancery from setting up the defense of the atatute\nto an action brought by the person whom he had injured. This de-\ncision was influenced by a statute of liew Jersey meking it the duty\nof persons Involved in aod. denta to report suoh to proper\nauthozities.\nUndex the orthodox doctrine of fraudulent doncealment, it is\nrequired that the plaintiff be in ignorance of the existence of the\ncauso or setion and that the plaintiff must intond to keap the de-\nfondant in thereof. Bilence 13 not to mako out\ntraudulent conossiment."
}