Clementson v. Williams
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia, sitting at Alexandria. The facts of the case are thus stated by the Chief Justice, in deliv- ¡ ering the opinion of the court: The plaintiff instituted a’suit against James Williams and John Clarke, merchants and partners trading under the firm of John Clarke & Co. The writ was executed on Williams only, who pleaded non assumpsit and the act of limitations, on which pleas, issues were joined.
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Error to the Circuit Court for the district of Columbia, sitting at Alexandria. The facts of the case are thus stated by the Chief Justice, in deliv- ¡ ering the opinion of the court: The plaintiff instituted a’suit against James Williams and John Clarke, merchants and partners trading under the firm of John Clarke & Co. The writ was executed on Williams only, who pleaded non assumpsit and the act of limitations, on which pleas, issues were joined. The jury found that the defendant did not assume ; and judgment was rendered in his favor. At the trial, the plaintiff: gave evidence tending to…
1Opinion of the Court
Marshall, Ch. J.,
after stating the facts of the case, delivered the opinion of the court, as follows : — *It is contended by the plaintiff in error, that, after the dissolution of the partnership, the acknowledgment of one partner is evidence to revive the original cause of action against both, and that the acknowledgment made in this case by Clarke is sufficient for that purpose.
It has been frequently decided, that an acknowledgment of a debt barred by the statute of limitations, takes the case out of that statute, and revives the original cause of action. So far as decisions have gone on…
2Cited by71 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Bell v. MorrisonSupreme Court of the United States · 1828
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Hornblower v. George Washington UniversityCourt of Appeals for the D.C. Circuit · 1908
- United States v. WilderSupreme Court of the United States · 1872
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