Hopkirk v. Bell
Supreme Court of the United States
This was a case certified from the Circuit Court for the fifth circuit, and Virginia district, in chancery sitting, in which the opinions of the judges (Marshall, Ch. J., and Griffin, District Judge) were opposed, upon the following question : “ Whether the act of assembly of Virginia for the limitation of actions, pleaded by the defendant, was, under all the circumstances stated, a bar to the plaintiff’s demand, founded on a promissory note given on the 21st day of August…
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This was a case certified from the Circuit Court for the fifth circuit, and Virginia district, in chancery sitting, in which the opinions of the judges (Marshall, Ch. J., and Griffin, District Judge) were opposed, upon the following question : “ Whether the act of assembly of Virginia for the limitation of actions, pleaded by the defendant, was, under all the circumstances stated, a bar to the plaintiff’s demand, founded on a promissory note given on the 21st day of August 1773 ?” The certificate contained the following statement of facts agreed by the parties, viz: That David Bell, the…
1Opinion of the Court
The Court ordered the following opinion to be certified to the circuit court. — Upon the question, in this case, referred to this court from the circuit court, it is considered by this court, that the said act of limitations is not a bar to the plaintiff’s demand on the said note ; and this court is of opinion, that the length of time from the giving *275the note to the commencement of the war, in 1775, not being sufficient to bar the demand on the said note, according to the said act of assembly, the treaty of peace between Great Britain and the United States, of 1783, does not admit of adding…
2Cited by1 opinion
- Hopkirk v. BellSupreme Court of the United States · 1806