Summary

Portrait of Hugo Black Hugo Black Marshall v. Pletz — Dissent

The statement of the Supreme Court of Illinois is in harmony with the general rule of law throughout the country: 'Where an insurance company leads a party to delay the bringing of suit, or to dismiss a suit already pending, by holding out hopes of adjustment, or by making promises to pay, it is estopped from taking advantage of such delay or dismissal by pleading the statute of limitations.' Railway Pass.
Source: Wikisource

Portrait of Hugo Black Hugo Black Marshall v. Pletz — Dissent

The only defense is a one-year statute of limitations, and that defense was not set up under circumstances that square with the Act's purposes. What are those circumstances? These facts are undisputed: November 12, 1935, Pletz was injured while working for a steamship company which carried liability insurance with the Fireman's Fund Insurance Company, one of the petitioners here. November 26, 1935, the insurance company's attorneys reported to the deputy commissioner administering the Act that payments to Pletz had begun and would continue until notice was given the commissioner.
Source: Wikisource

Portrait of Hugo Black Hugo Black Marshall v. Pletz — Dissent

Young, 161 U.S. 334, 344, 16 S.Ct. 512, 516, 40 L.Ed. 721, this Court said: 'Defendant relies mainly upon the fact that the statutory period of redemption was allowed to expire before this bill was filed, but the court below found in this connection that before the time had expired to redeem the property the plaintiff was told by the defendant Stephens that he would not be pushed, that the statutory time to redeem would not be insisted upon
Source: Wikisource

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