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TUCKER v. OWEN

No. 4206.

94 F.2d 49 (1938)

TUCKER v. OWEN.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1938.

Attorney(s) appearing for the Case

Cralle F. Blackwell, of Kenbridge, Va. (A. C. Whitehead, of Kenbridge, Va., on the brief), for appellant.

Edward M. Hudgins, of Chase City, Va., and John T. Grigsby, of Richmond, Va., for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and McCLINTIC, District Judge.

SOPER, Circuit Judge.

In this suit brought by G. H. Tucker, receiver for the First National Bank of Chase City, Va., plaintiff in the District Court, against W. H. Owen on three promissory notes, the question is whether an unwritten promise, with nothing more, not to plead the statute of limitations to a debt, made before the bar of the statute has fallen, and relied upon by the plaintiff, is enforceable by reason of waiver or estoppel after the bar has fallen under...

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