Archer v. Poor

U.S. District Court

Decided March 15, 1839

U.S. District Court · decided 1839-03-15

At law. Assumpsit for use and occupation. To take the case out of the statute of limitations, the plaintiff offered in evidence the defendant’s letter to the secretary of the navy, in which he says, “I could have availed myself of the insolvent laws of the District, but preferred paying all debts as soon as possible, not omitting Mr. Archer’s claim.”

Decided 1839-03-15

¶1THE COURT (THRUSTON, Judge, absent) said it was not a sufficient acknowledgment to take the case out of the statute. See Wetzell Bussard, 11 Wheat. [24 U. S.] 309, and Bank of U. S. v. Moore, [Moore v. Bank of Columbia,] 6 Pet [31 U. S.] 93.

¶2 [Reported by Hon. William Cranch, Chief Judge.]