Braxton Lumber Co. v. Lloyd's Inc. (Signed Opinion)Annotate this Case
Braxton Lumber Company filed suit against Lloyd’s Inc. seeking payment on a promissory note. Braxton Lumber did not file suit within six years of the due date on the promissory note owed to it. The circuit court dismissed the lawsuit, concluding, in part, that the statute of limitations expired on Braxton Lumber’s claims. Braxton Lumber appealed, arguing that its suit was not time-barred because tolling provisions in two West Virginia statutes extended the time in which it could have filed suit. The Supreme Court affirmed, holding that neither of the tolling provisions relied upon by Braxton Lumber tolled the six-year statute of limitations on its lawsuit.