UNDISCOVERED FRAUD AND STATUTES OF LIMITATION
Dawson, John P.
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- 1988Zola v. Gordon S.D.N.Y.
- 1962Amen v. Merced County Title Co. Cal.
- 1961Erbe v. Lincoln Rochester Trust Co. N.Y. App. Div.
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Abstract
Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with imponderable factors of social policy which are but vaguely mirrored in the ideas and language lawyers have used.