Page:Federal Reporter, 1st Series, Volume 6.djvu/710

 698 FEDBBAIi fiEPOBTER. �ally some days-baek, and send to me an order on James K. Hill, Esq., to permit me to examine the bocks now in hi» charge, I shall have no hesitation in furnishing you with sucb further data as you may require." On the third day of June, 18T3j be wrote to the defendant, through his agent, as fol- lows: "In reply to your note of this date, in which you say that ■ in regard to any claim which you may represent against the Yetterlein estate in bankruptcy it seems to me that the proper course for you to pursue is to present it in the usual way to J. K. Hill,' I have to answer that I do not represent any claim against the estate of the Vetterleins in bankruptcy. The communication which I addressed to you on the twenty- seventh ultimo is explicit, and unless I have the answer asked for I shall be compelled to proceed as therein set forth." On the twentieth day of February, 1874, he wrote again to de- fendant, by his agent, as follows : "I beg to acknowledge the receipt of your favor of the eighteenth instant, in which you say you prefer to allow ail disputed points at issue in the Vetterlein estate to remain in abeyance until the government case is disposed of, etc., and that you hope to hear very soon of Bome dejinite resuit in the United States case, and as you are enjoined from making any payment at present, no loss can accrue to me or to my client by reason of some little further delay. The fact of the" pendency of the United States case, and that you are enjoined from making any payments, does not, it seems to me, prevent you from fuUy considering now the matter in question. That is ail that is asked at pres- ent. If you bear in mind that my client has already waited over two years, you must admit it is not unreasonable that they are not satisfied to await the issue of a case in which they have not the least interest. To repeat, ail that is asked now is a just and equitable consideration and some definite action." �Notwithstanding the demand for an account and definite action contained in these letters, and the refusai to postpone the matter as proposed by the defendant, the plaintifi took no other steps to enforce his alleged rights till about the first day of June, 1878, when, by his same agent, he wrote the defend- ��� �