Franklin Life Ins. Co. v. Tharpe
Decision Date | 23 February 1938 |
Citation | 179 So. 406,131 Fla. 213 |
Parties | FRANKLIN LIFE INS. CO. et al. v. THARPE. |
Court | Florida Supreme Court |
On second petition for rehearing.
Petition denied, and original opinion adhered to and reaffirmed.
For original opinion, see 178 So. 300. Appeal from Circuit Court, Dade County; Worth W. Trammell, judge.
Francis M. Miller, of Miami, for appellant.
Harry Gordon and Rosenhouse & Rosenhouse, all of Miami, and Waller & Papper and B. A. Meginniss, all of Tallahassee, for appellee.
On second petition for rehearing, it is contended that the cause of action under the policy did not accrue within the five years period before suit. It has been brought to our attention that 37 Corpus Juris, p. 968, par. 347 cited in the original opinion, is inapplicable to the suit at bar, but that 37 Corpus Juris, p. 969, par. 350, controls and is, viz.:
'Ignorance and Concealment of Causes of Action--a. Ignorance in General. Omitting at this place any consideration of the effect of a mistake, trust relations in general, or laches, and except where there has been secret fraud or fraudulent concealment on the part of the defendant, the rule is generally established that mere ignorance of the facts which constitute the cause of action will not postpone the operation of the statute of limitations, but the statutes will run from the time the cause of action first accrues notwithstanding such ignorance. The reason of the rule seems to be that in such cases ignorance is the result of want of diligence and the party cannot thus take advantage of his own fault. It is otherwise where the cause of action does not arise except upon ascertainment or knowledge of a particular fact, or where a demand is a necessary prerequisite to recovery and plaintiff is in no position to make demand until he has learned the facts. In one case the court declared:
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Senfeld v. Bank of Nova Scotia Trust Co. (Cayman) Ltd.
...facts which constitute the cause of action will not postpone the operation of the statute of limitations," Franklin Insurance Co. v. Tharpe, 131 Fla. 213, 214, 179 So. 406, 407 (1938), it is equally true that where the plaintiff's ignorance is blameless, the cause of action will not arise u......
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Nardone v. Reynolds
...C.J.S. pertaining to ignorance and concealment of causes of action was quoted with approval by this Court in Franklin Life Ins. Co. v. Tharpe, 131 Fla. 213, 179 So. 406 (1938), and subsequently cited by the District Court of Appeal in Houston, et al. v. Florida Georgia Television Company, 1......
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Grossman v. Greenberg
...run where there has been a fraud or a fraudulent concealment. Nardone v. Reynolds, 333 So.2d 25, 34 (Fla.1976); Franklin Life Ins. v. Tharpe, 131 Fla. 213, 179 So. 406 (1938). In this case, there was a secret fraud carried out by Grossman, Bodne, Rubin, and Males. With the help of Males and......
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Edgerly v. Schuyler
...Nat. Bank of Seattle, 180 Wash. 614, 41 P.2d 779.12 Compare City of Miami v. Brooks, Fla., 1954, 70 So.2d 306; Franklin Life Ins. Co. v. Tharpe, 131 Fla. 213, 179 So. 406.13 See note , supra.14 See Ball v. Roney, 112 Fla. 186, 150 So. 240; Gulf Life Ins. Co. v. Hillsborough County, 129 Fla.......