Hunter v. Niagara Fire Insurance

Citations

• 73 Ohio St. (N.S.) 110

Syllabus

<p>Action to recover upon fire insurance policy — TJpon cause arising in another state — Limited to statutory time of foreign state —Section Jf990, Revised Statutes — Injunction against action does not prevent running of limitation, when — Question of who may plead' limitation of statute — Interstate law — Pleadings.</p> <p>1. An action to recover upon a policy of fire insurance, though transitory, when brought in this state upon a cause arising in another state is, by virtue of section 4990, Revised Statutes, limited to the time fixed by the statute of that state.</p> <p>2. An injunction against the commencement of an action does not save the running of the statute of limitations unless the statute so provides, and no such provision is found in the statute of Ohio or in that of the state of Florida.</p> <p>3. Only those who are actors in procuring the allowance of such injunction can, upon that account, be equitably estopped from pleading the statute of limitations.</p>