FEDERAL PROCEDURE-LIMITATION OF ACTIONS-SUSPENSION OF STATUTE OF LIMITATIONS AS TO CITIZEN OF ENEMY-OCCUPIED TERRITORY IN WAR TIME

Authors

Stephen J. Martin S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff, a Filipino, loaned money to a recognized guerilla unit in the Philippine Islands in 1943, during the period of the Japanese occupation of the Islands. He filed suit in the United States Court of Claims on December 31, 1952, to recover the amount of the loan. Defendant United States moved to dismiss on the ground that the claim was barred by the six-year statute of limitations applicable to the Court of Claims. Held, petition dismissed. Plaintiff's cause of action first accrued at the earliest moment when suit might have been legally instituted upon it. No circumstance in the case prevented commencement of such suit immediately upon delivery of the money to the guerillas, except the fact that Japanese occupation of the Philippines had dosed the courts of the United States to plaintiff. They were reopened by September 2, 1945, the date of formal surrender of the Japanese, and the statute commenced to run against plaintiff on that date. Sese v. United States, (Ct. CI. 1953) 113 F. Supp. 658.

Recommended Citation

Stephen J. Martin S.Ed., FEDERAL PROCEDURE-LIMITATION OF ACTIONS-SUSPENSION OF STATUTE OF LIMITATIONS AS TO CITIZEN OF ENEMY-OCCUPIED TERRITORY IN WAR TIME, 52 Mich. L. Rev. 916 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss6/15