Carr v. Hilton
U.S. Circuit Court for the District of Maine
[In equity. Bill by Joshua Wingate Carr, assignee in bankruptcy of William Smith, against Stephen Hilton, to reach certain alleged assets of the bankrupt. Defendant demurred to the bill of complaint, and the demurrer was overruled. See Case No. 2,430, next preceding. Thereafter, he answered, and the ease is now heard upon the merits.]
1Opinion of the Court
CURTIS. Circuit Justice.
A demurrer to this bill was argued and overruled at the September term, 1852. It was then determined. that, as the frauds charged in the bill, though alleged to have been committed more than two years before the institution of the suit, were averred in the bill to have been discovered by the complainant within two .years, the cause of action had accrued to the complainant within two years, and so was not barred by the eighth section of the bankrupt act The defendant having answered, denying the frauds charged in the bill, has again set up this statute of limitations as…
2Cited by14 opinions
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- Deering v. HolcombWashington Supreme Court · 1901
- O'Dell v. BurnhamWisconsin Supreme Court · 1884
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
- Aegis Insurance Co. v. Delta Fire & Casualty Co.Louisiana Court of Appeal · 1958
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