Lonsdale v. Brown
U.S. Circuit Court for the District of Eastern Pennsylvania
Action on a protested bill of exchange, dated 19th of May, 1807, drawn by the defendant, at New-Orleans, in favour of the plaintiff, at sixty days after sight, on James Brown & Co. of Philadelphia, for 600 dollars —pleas, 1st, non assumpsit; and, 2d, non as-sumpsit, within six years; and issue joined, with leave to the plaintiff, by the agreement of the parties, to give any legal evidence to prove a new promise, or the inapplicability of the act of limitations.
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Action on a protested bill of exchange, dated 19th of May, 1807, drawn by the defendant, at New-Orleans, in favour of the plaintiff, at sixty days after sight, on James Brown & Co. of Philadelphia, for 600 dollars —pleas, 1st, non assumpsit; and, 2d, non as-sumpsit, within six years; and issue joined, with leave to the plaintiff, by the agreement of the parties, to give any legal evidence to prove a new promise, or the inapplicability of the act of limitations. The bill was presented for acceptance, on the 11th of July, 1807, and was protested; on which protest for non-acceptance, this action…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). This is a plain case, upon the plea of the act of limitations. It is admitted, that an absolute promise to pay, made in 1809, would not take this case out of the operation of the act, unless the suit had been brought within six years after the promise was made, which this was not. But it is contended that the promise was conditional, in two respects, —first, to pay when the defendant should be able; and secondly, at any time within ten years; and consequently, that the limitation did. not begin to run till he was able, nor till the expiration of the ten years. As to the…
2Cited by6 opinions
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- Van Marel v. WatsonArizona Supreme Court · 1925
- Mattocks v. ChadwickSupreme Judicial Court of Maine · 1880
- Kirk v. SuttleSupreme Court of Alabama · 1844
- Davis v. Van ZandtU.S. Circuit Court for the District of District of Columbia · 1820
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