If any person, liable to an action by another, fraudulently conceals from him the existence of the cause of such action, such cause of action shall be deemed to accrue against such person so liable therefor at the time when the person entitled to sue thereon first discovers its existence.
(1949 Rev., S. 8335.)
This was previously the rule in equity proceedings. 19 C. 438. Fraudulent concealment affects surety on bond. 66 C. 64. Statute does not apply to action by receivers against directors of bank for negligence. 89 C. 451. Suspends running of statutes until right is discovered. 93 C. 558. Must be pleaded specially. 143 C. 31. Cited. 188 C. 301; 189 C. 162; 191 C. 150; 198 C. 660; 207 C. 204; 214 C. 242; 232 C. 527. To prove fraudulent concealment, plaintiffs must show that defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish plaintiffs' cause of action, intentionally concealed these facts from plaintiffs, and concealed the facts for purpose of obtaining delay on plaintiffs' part in filing a complaint on their cause of action. 281 C. 84.
Cited. 7 CA 245; 15 CA 496; Id., 677; 16 CA 108; 19 CA 16; 31 CA 235. Plaintiff's burden of proof under section discussed. 53 CA 102.
Cited. 17 CS 198; 42 CS 187.