Legal Opinion

Person v. United States

Court of Appeals for the Eighth Circuit

Decided May 16, 1940No. 11508PublishedCited by 26 opinions

1Opinion of the Court

STONE, Circuit Judge.

From a summary judgment for a balance due on a promissory note this appeal is brought.

Appellant presents here two matters: (1) the action is barred by limitations or laches; (2) summary judgment was improper because (a) there were controverted fact issues and (b) a supporting affidavit was insufficient.

I. Limitations.

The issue controlling as to limitations or laches (treated together by us) is whether the United States was, in the action to collect this note, proceeding in a sovereign capacity or not.

This loan was made under a “Joint Resolution for the relief' of farmers…

2Cases cited10 opinions

  1. E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924
  2. United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
  3. United States v. ThompsonSupreme Court of the United States · 1879
  4. Chesapeake & Delaware Canal Co. v. United StatesSupreme Court of the United States · 1919
  5. Pittman v. Home Owners' Loan Corp.Supreme Court of the United States · 1939

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Sherwood v. NissenSupreme Court of Iowa · 1970
  2. Department of Agriculture, Emergency Crop and Feed Loans v. RemundSupreme Court of the United States · 1947
  3. Julius E. Kern v. Tri-State Insurance CompanyCourt of Appeals for the Eighth Circuit · 1968
  4. Strubbe v. SonnenscheinCourt of Appeals for the Second Circuit · 1962
  5. Pope v. HuffCourt of Appeals for the D.C. Circuit · 1941

21 more not listed; retrieve them via the Exa API.

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