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Planters' Bank Vs. Sharp
Cites for this judgment
- US Supreme Court
- Jan 01, 1848
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U.S. 301 (1848) U.S. Supreme Court Planters' Bank v. SharpSearch
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U.S. 6 How. 301 301 (1848) Planters' Bank v. SharpSearch
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Court, with the separate opinion of MR. JUSTICE McLEAN and the dissenting one of MR. JUSTICE DANIEL. PLANTERS' BANK v. SHARPSearch
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To review this judgment, a writ of error brought the case up to this Court. BALDWIN, VAIL, & HUFTY v. JAMESSearch
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Page 47 U. S. 318 MR. JUSTICE WOODBURY delivered the opinion of the Court. PLANTERS' BANK v. SHARPSearch
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Federalist, No. 44. Again, in Payne v. BaldwinSearch
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Michell v. MichellSearch
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Hearne v. WiggintonSearch
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Hotham v. SuttonSearch
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Campbell v. PrescottSearch
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Kent Comm. 281, and cases in those treatises, but seems now in some respects overruled. Earle v. BankSearch
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connected with its business and debts, and through agents and notes as well as under its seal. Bank of Columbia v. Patterson'sSearch
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dispose of property even in trust, if not inconsistent and unconnected with its express duties and objects. Vidal v. Girard'sSearch
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properly own. It is its duty to pay in some way every debt. 6 Gill & Johns. 219. This Court, in the United States v. RobertsonSearch
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promises or debts of the bank, payable to their holders, and imperative on them to discharge. See Bank of Columbia v. Patterson'sSearch
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ought perhaps to be added that the courts of Mississippi once put a more limited construction on this charter. Baldwin v. PayneSearch
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for particular cases or contracts, without the consent of all concerned, is of very doubtful validity. Merrill v. SherburneSearch
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by the bank, and this seems to have been the view of some of the court in 3 Smedes & Marshall 681, as well as in Hyde v. Planters'Search
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a note by any body after a transfer. This was the view which they think influenced the legislature. See Planters' Bank v. SharpSearch
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it is construed by them or us so as to conflict with prior rights obtained under contracts. See Commercial Bank v. Buckingham'sSearch
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of redress on a contract is taken away, it will be difficult to see how the obligation of it is not impaired. Green v. BiddleSearch
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King v. DedhamSearch
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contract, and its value and usefulness restricted, and these of course impair it. Society for Propagating the Gospel v. WheelerSearch
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but of encroaching in any respect on its obligation, dispensing with any part of its force. Commercial Bank of Rodney v. StateSearch
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to its payment, and the body exonerated only as a matter connected merely with the form of the remedy. Cook v. MoffatSearch
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if done by the states, it must not, as here, apply to past contracts or it is held to impair their obligation. Ogden v. SaundersSearch
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due, and perhaps with a knowledge of the existence of such a set-off. Chief Justice Marshall, in United States v. RobertsonSearch
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and not to the terms or obligations of any part of the contract itself, Cook v. MoffatSearch
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Towne v. SmithSearch
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itself are changed or impaired, it comes just as much within the spirit of the constitutional prohibition. Bronson v. KinzieSearch
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an implied stipulation to that effect, and violates no part of the contract contained in the charter. Armstrong v. TreasurerSearch
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of Athens County, 16 Pet. 281. See Providence Bank v. BillingsSearch
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places, it is no violation of the terms or obligation of the contract to authorize another. Charles River Bridge v. WarrenSearch
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because it confirms rather than impairs their deeds, and carries out the original intent of the parties. Watson v. MercerSearch
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or form of settling titles, this does not impair the force of the grant or take away any right under it. Jackson v. LumpkinSearch
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Hawkins v. Barney'sSearch
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their duties -- such as paying their notes on demand in specie, and that this does not violate any contract. Brown v. PenobscotSearch
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case of the Yazoo claims in Georgia, and no one can doubt that the obligation of the contract is impaired. Fletcher v. PeckSearch
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lands shall never be taxed, and a law afterwards passes to tax Page 47 U. S. 332 them. State of New Jersey v. WilsonSearch
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Cranch 164. Or that corporate property and franchises shall be exempt, and they are then taxed. Gordon v. AppealSearch
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granted for one purpose and an attempt is made by law to appropriate them to another or to revoke the grant. Terrett v. TaylorSearch
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