Archer v. Poor

Decided March 15, 1839

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.”

Relies on Wetzell v. Bussard

Decided 1839-03-15

¶1The Court,

(Thruston, J.,

¶2absent,) said it was not a sufficient acknowledgment to take the ease out of the statute. See Wetzel Bussard, 11 Wheat. 309, and Bank of the United States v. Moore, 6 Peters, 93.