Stimpson v. Pond

CURTIS. Circuit Justice.

This is an action of debt, founded on the act of August 29, 1S42, § 5, to recover penalties for marking the word “patent.” on an unpatented article, for the purpose of deceiving the public. The defendant has pleaded that the causes of action did not accrue within two years. In support of this plea he relies on the thirty-second section of the crimes act of April 30, 1790, which limits suits for penalties to two years after the fine or forfeiture incurred. Tin1 fourth section of the act of February 2S. 1S39 (5 Stat. 322), enacts, that no suit or prosecution shall be…