Clementson v. Williams
| Decision Date | 14 February 1814 |
| Citation | 8 Cranch 72,3 L.Ed. 491,12 U.S. 72 |
| Parties | CLEMENTSON v. WILLIAMS |
| Court | U.S. Supreme Court |
ERROR to the Circuit Court for the district of Columbia,
sitting at Alexandria.
The facts of the case are thus stated by the Chief Justice, in delivering the opinion of the Court:
The Plaintiff instituted a suit against James Williams and John Clarke, merchants and partners trading under the firm of John Clarke & Co. The writ was executed on Williams only, who pleaded non assumpsit and the act of limitations, on which pleas issues were joined. The jury found that the Defendant did not assume; and judgment was rendered in his favor.
At the trial the Plaintiff gave evidence tending to prove the partnership, and also to prove dealings of Clarke & Co. with the Plaintiff. He then offered a witness who proved that he presented, in December preceding the trial, to John Clarke a certain account against the said John Clarke & Co. in favor of the Plaintiff; and that said Clarke stated that the said account was due, and that he supposed it had been paid by the Defendant, but had not paid it himself, and did not know of its being ever paid. And the witness to whom the said Clarke made the said acknowledgment produces in Court the identical account so presented to said Clarke and acknowledged by him as aforesaid, which account is in the words and figures following, to wit: 'an account,' &c. And the Plaintiff's counsel offered the contents of said account and the acknowledgment of said Clarke in evidence under the issue joined upon the plea of the statute of limitations, but the Court decided that the said evidence so offered by the Plaintiff of the contents of the said account and of the acknowledgment of the same by the said Clarke was not admissible evidence in this cause, and refused to admit the same.' To this opinion the Plaintiff excepted, and from the judgment of the Circuit Court he has appealed to this Court.
TAYLOR, for the Plaintiff in error.
The only question is, whether the acknowledgment of one partner, after the dissolution of the partnership, takes the case out of the statute of limitations.
We contend that it does, and rely on the following cases: Doug. 651, Whitcomb v. Whiting, 2 H. Bl. 340, Jackson v. Fairbanks, and 2 Johnson, 667, Smith v.
F. S. KEY, contra.
Although the opinion of the Court may be supported upon other grounds, yet it may also be supported upon the point raised, viz.: that the acknowledgment of one partner, after dissolution of the copartnership, cannot be received to take the case out of the statute. It can only be evidence of a new promise, and one partner cannot, after dissolution, bind the other. No acknowledgment of the debt by one partner, after dissolution, can be given in evidence on the general issue to fix the debt upon the other partner. The cases in Douglass and H. Blackstone are different. The joint concern was not dissolved. The authority in Johnson was only a dictum; the case was decided upon other evidence.
Such evidence would be extremely dangerous. No man could be safe if, after dissolution of the partnership, his partner could continue to bind him forever. At all events it is necessary that ...
To continue reading
Request your trial
-
Van Diest v. Towle
...(4th Ed.), p. 347, sec. 65, and p. 356, sec. 67. Even Before the change of rule in England, Chief Justice Marshall in Clementson v. Williams, 8 Cranch 72, 3 L.Ed. 491, declared that the statute of limitation entitled to the same respect as other statutes and should not be explained away, an......
-
Pan American Petroleum Corporation v. Orr
...9 For other cases discussing the subject see: Adams v. Woods, 6 U.S. (2 Cranch) 336, 342, 2 L.Ed. 297 (1804); Clementson v. Williams, 12 U.S. (8 Cranch) 72, 74, 3 L.Ed. 491 (1814); Kavanagh v. Noble, 332 U.S. 535, 538-539, 68 S.Ct. 235, 92 L.Ed. 150 10 Atlantic Greyhound v. Crowder, 5 Cir.,......
-
Caseldine v. Johnson (In re Goldsworthy's Estate)
...bar either in the words, or in any fair interpretation of the statute, and I am unwilling to add to, or take from it. In Clementson v. Williams, 8 Cranch 72 [3 L.Ed. 491], Chief Justice Marshall said: ‘That the statute of limitations was entitled to the same respect with other statutes, and......
-
In re Goldsworthy's Estate
...bar either in the words, or in any fair interpretation of the statute, and I am unwilling to add to, or take from it. In Clementson v. Williams, 8 Cranch 72 [3 L.Ed. 491], Chief Justice Marshall said: 'That the statute limitations was entitled to the same respect with other statutes, and ou......