Levy v. Stewart
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana; the case being thus : Levy, of Louisiana, gave, in August, 1860, to Stewart, of New York, three promissory notes, at six months each. They were dated on different days in the month just named and payable at New Orleans, on the corresponding days of February, 1861. Very soon after the maturity of the notes the rebellion broke out.
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Error to the Circuit Court for the District of Louisiana; the case being thus : Levy, of Louisiana, gave, in August, 1860, to Stewart, of New York, three promissory notes, at six months each. They were dated on different days in the month just named and payable at New Orleans, on the corresponding days of February, 1861. Very soon after the maturity of the notes the rebellion broke out. On the 19th April, 1861, proclamation of blockade was made of the Southern coast and war soon became flagrant. However, the city of New Orleans was taken possession of by the government forces 6th May, 1862,…
1Opinion of the CourtJustice Clifford
Statutes of limitations exist in all the States, and with few exceptions they have been copied from the one brought here by our ancestors in colonial times. † They are regarded as statutes of repose arising from the lapse of time and the antiquity of transactions, and they also proceed upon the presumption that claims are extinguished whenever they are not litigated in the proper forum within the prescribed period.
Exceptions are to be found in all such statutes; but cases where the courts of j ustice were closed in consequence of insurrection or rebellion are not within the express terms of…
2Cited by18 opinions
- Plaquemines Par. Com'n Council v. Delta Dev. Co.Supreme Court of Louisiana · 1987
- Bauserman v. BluntSupreme Court of the United States · 1893
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
- Hyman v. Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1916
- Marcos v. United StatesUnited States Court of Claims · 1952
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