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Ogden Vs. Saunders
Cites for this judgment
- US Supreme Court
- Jan 01, 1827
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U.S. 213 (1827) U.S. Supreme Court Ogden v. SaundersSearch
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U.S. 12 Wheat. 213 213 (1827) Ogden v. SaundersSearch
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it has been supposed by the judges of a highly respectable state court, that it was decided in the case of McMillan v. McNielSearch
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application of the principle, which had been asserted by the Page 25 U. S. 255 Court in the case of Sturges v. CrowninshieldSearch
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the opinion which was pronounced. The principle, however, remained in the opinion of the Court delivered in McMillan v. McNielSearch
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that this case was not distinguishable in principle from the preceding case of Sturges v. CrowninshieldSearch
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The answer is given by THE CHIEF JUSTICE in the case of Sturges v. CrowninshieldSearch
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For we are informed by the learned judge who delivered the opinion of this Court in the case of Sturges v. CrowninshieldSearch
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which will bear the test of a critical examination. To the decision of this Court made in the case of Sturges v. CrowninshieldSearch
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to consider what this Court has already decided on this subject. And this brings under review the two cases of Sturges v. CrowninshieldSearch
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and McMillan v. McNealSearch
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in the 4th vol. of the reports. If the marginal note to the report, or summary of the effect of the case of McMillan v. McNealSearch
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admitted into the former which the case itself does not justify. The principle recognized and affirmed in McMillan v. McNealSearch
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The report of the case of Sturges v. CrowninshieldSearch
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terms of the adjudication as from inferences deducible from the reasoning of the Court. The case of Sturges v. CrowninshieldSearch
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prior to the law as to those posterior to it and therefore inconsistent with the decision in the case of Sturges v. CrowninshieldSearch
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leading principles which ought to govern this Court than in the language of the Court itself in the case of Fletcher v. PeckSearch
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prospectively to future contracts. The distinction was taken by the court in the Third Circuit in the case of Golden v. PrinceSearch
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the United States does not withdraw the subject entirely from the states is settled by the case of Sturges v. CrowninshieldSearch
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Townsend v. TownsendSearch
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lex loci is founded on this principle. The language of the court in the Third Circuit in the case of Campanque v. BurnellSearch
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effect to the contracts according to the laws which gave them validity. So also in this Court, in the case of Renner v. BankSearch
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to ascertain their intention and the legal and binding force and obligation of their contract. Bank of Columbia v. OakleySearch
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Wheat. 235, is another case recognizing the same principle. And in the case of Dartmouth College v. WoodwardSearch
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might well be considered as falling within the spirit and policy of the prohibition. In the case of Sturges v. CrowninshieldSearch
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that the provision was unnecessary. The great principle asserted no doubt is, as laid down by the Court in Sturges v. CrowninshieldSearch
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to me very difficult to maintain this proposition. It is, in the first place, at variance with the decision in Sturges v. CrowninshieldSearch
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would have expressly ratified and sanctioned laws which they considered unconstitutional. In the case of Sturges v. CrowninshieldSearch
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it is a law impairing the obligation of contracts within the meaning of the Constitution. In the case of Sturges v. CrowninshieldSearch
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In the case of Sturges v. CrowninshieldSearch
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In the case of McMillan v. McNealSearch
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The learned CHIEF JUSTICE, in delivering the opinion of the Court in Sturges v. CrowninshieldSearch
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THE CHIEF JUSTICE very properly remarks of both usury laws and laws of limitation in delivering the opinion in Sturges v. CrowninshieldSearch
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to inquire Page 25 U. S. 333 how far it is affected by the former decisions of this Court. In Sturges v. CrowninshieldSearch
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used), I have never yet seen cause to be dissatisfied. But that decision is not supposed to be a precedent for Ogden v. SaundersSearch
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Sturges v. CrowninshieldSearch
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that the positive authority of a decision is coextensive only with the facts on which it is made. In Sturges v. CrowninshieldSearch
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in this case, the contract was entered into after the passage of the law In McNeil v. McMillanSearch
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any view to the law the benefit of which was claimed by the debtor. Farmers' & Mechanics' Bank of Pennsylvania v. SmithSearch
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differed from Sturges v. CrowninshieldSearch
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bank to give such notice is performed if it be given when the event has happened. The case of Bank of Columbia v. OakleySearch
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view of the subject will show us that the two laws stand upon distinct principles. In the case of Sturges v. CrowninshieldSearch
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of the validity of a certificate of discharge under the state laws in those cases (argued in connection with Ogden v. SaundersSearch
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each state. The question now to be considered was anticipated in Page 25 U. S. 359 the case of Sturges v. CrowninshieldSearch
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Scotland, Ireland, and the West Indies. The first case we have on the effect of foreign discharges, that of Ballantine v. GoldingSearch
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occurred in 1783, and the law could hardly be held settled before the case of Hunter v. PottsSearch
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on a debt due the bankrupt in this country and appropriate the proceeds to his own debt. In the case of Harrison v. SterrySearch
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on which the foreign power is asserted. It would be in vain to assign the decision of this Court in Harrison v. SterrySearch
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