Goldhawk v. Duane
U.S. Circuit Court for the District of Pennsylvania
Debt on a bond for twelve hundred Sicca rupees, in the penalty of two thousand, executed at Calcutta in 1702, at twelve per cent, interest, payable in twelve months.
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Debt on a bond for twelve hundred Sicca rupees, in the penalty of two thousand, executed at Calcutta in 1702, at twelve per cent, interest, payable in twelve months. On the 30th of December, 1794, the defendant published a notice in a Calcutta newspaper, addressed to his creditors, requiring them to bring in their accounts against him by the next day, as he was under compulsion to leave that place for England; and declaring that all accounts not so presented, would be considered as barred. The defendant, some time aft-erwards, but when was not proved, came to this country, where he has ever…
1Opinion of the Court
THE COURT
stated to the jury, that even if the circumstance of the parties residing in different countries, was not of itself sufficient to repel a presumption of payment, and particularly at so great a distance as in this case, still, the acknowledgment by the defendant, was certainly sufficient. In common cases, twenty years creates a presumption of payment, if no' interest has been paid in the mean time. If a shorter period is relied upon, the presumption should be fortified by circumstances; but in this case, the circumstances were all the other way, and repelled the presumption.
As to the…
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- Gould v. WhiteSuperior Court of New Hampshire · 1852
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