Legal Opinion

Thompson v. Peter

Supreme Court of the United States

Decided March 18, 1827PublishedCited by 30 opinions

ERROR to the Circuit Court for the District of Columbia. This, was an action of assumpsit brought in September, 1822, by the plaintiff against the defendants, for goods sold, &c. to their intestate.

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ERROR to the Circuit Court for the District of Columbia. This, was an action of assumpsit brought in September, 1822, by the plaintiff against the defendants, for goods sold, &c. to their intestate. At the trial in the Court below, the plaintiffgave in evidence, that in the lifetime of the intestate, James Peter, who died in the year 1808, he admitted the payment, at his request and for his use, by the plaintiff, of the 800 dollars, charged in the account produced; that after the death of .said Peter, and after his brother D. Peter had obtained letters of administration on his estate, an…

1Opinion of the CourtChief Justice Marshall

This was a suit brought in September, 1822, on a promise alleged to have been made by the intestate of the defendant, who died in the year 1808. The defendant pleaded non assumpsit, and the'statute of limitations, on which pleas issue was joined. By consent of parties a verdict was found fortlie plaintiff, subject to the opinion of the Court, whether the evidence which is stated in a case made by the parties, be sufficient to be left to the jury as evidence of a subsequent acknowledgment, competent to take the case out of the statute of limitations. The Court gave judgment for the defendants,…

2Cases cited1 opinion

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826

3Cited by30 opinions

  1. Schutz v. . MoretteNew York Court of Appeals · 1895
  2. Bloodgood v. . BruenNew York Court of Appeals · 1853
  3. McLaren v. . McMartinNew York Court of Appeals · 1867
  4. Shoemaker v. . BenedictNew York Court of Appeals · 1854
  5. Fritz v. ThomasSupreme Court of Pennsylvania · 1836

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