Hopkirk v. BellAnnotate this Case
7 U.S. 454 (1806)
U.S. Supreme Court
Hopkirk v. Bell, 7 U.S. 3 Cranch 454 454 (1806)
Hopkirk v. Bell
7 U.S. (3 Cranch) 454
ON CERTIFICATE OF DIVISION OF OPINION AMONG THE JUDGES OF
THE CIRCUIT COURT FOR THE FIFTH CIRCUIT AND VIRGINIA DISTRICT
The treaty of peace between Great Britain and the United States prevents the operation of the act of limitations of Virginia upon British debts contracted before that treaty.
An agent for collecting of debts merely is not a factor within the meaning of the thirteenth section of that act.
This was a case certified from the Circuit Court for the Fifth Circuit, and Virginia District, in chancery sitting, in which the opinions of the judges (Marshall, Ch. J. and Griffin, District Judge) were opposed upon the following question:
"Whether the act of assembly of Virginia for the limitation of actions pleaded by the defendant was, under all the circumstances stated, a bar to the plaintiff's demand founded on a promissory note given on 21 August, 1773?"
The certificate contained the following statement of facts agreed by the parties, viz.:
"That David Bell, the defendant's testator, had considerable dealings with the mercantile house of Alexander Spiers, John Bowman & Co. (of which house the plaintiff was surviving partner) in the then colony of Virginia, by their factors who resided in that colony, and on 14 March, 1768, gave his bond to the company for