Nathan Clifford, Andreae v. Redfield — Opinion of the Court
“ Without more, it must be conceded that these authorities are sufficient to show what the established rule in the States mentioned is, where the suit is an action at law, and that the fraudulent concealment by the defendant of the plaintiff's cause of action is not a good answer to the plea of the Statute of Limitations. Other States adopt the opposite rule, and their courts hold that the rule at law is the same as in equity. ”
Nathan Clifford, Andreae v. Redfield — Opinion of the Court
“ Concede that the United States is the real party, still the court is of the opinion that there is nothing in the remarks attributed to the auditor of the custom-house or to the refund clerk or to the Secretary of the Treasury which can be held to preclude the respondent from pleading any proper plea to the actions which he may think necessary in making his defence. ”
Nathan Clifford, Andreae v. Redfield — Opinion of the Court
“ Some countenance, he admits, is given to the opposite theory by certain decided cases, to which he refers, and then he proceeds to say: 'We cannot, however, yield the convictions of our own minds to decisions evidently borrowed from the courts of equity, and which have never been sanctioned by the courts of law in the country from which our jurisprudence is derived.' He admits that the rule is otherwise in courts of equity ”
