White v. Brown
White v. Brown
Opinion of the Court
delivered the opinion of the court. The question of law to be decided in this case
This act was introductory of an eutirely new principle. Neither the law merchant of the United States, nor that prevailing on the continent of Europe invalidated notes, drafts or bills of exchange, in which the parties had deemed it convenient to express their intention by figures, instead of words written at full length. See the case of Nugent vs. Rol
The note on which the action was commenced, having been executed nearly one year before the passage of the act of the legislature referred to, was consequently a legal and binding obligation on the maker, at the time he signed it.
It is now contended that by a statute passed eleven months after this agreement was entered into, according to the laws then existing, the contract has been made null and void.
If this position be true, no man can be safe in contracting, according to the laws of his country, at the time he makes a promise, a purchase, or a sale. To be secure in his rights to property, he must not only know what the law is, but what it will be.
It is unnecessary for us to say, whether the statute containing such a provision would not be contrary to the genius and spirit of a free government, and a violation of the constitution of the United States, and of this state. Whenever an act of the legislature is passed, clearly and unequivocally avoiding contracts entered into under pre-existing laws, its constitutionalt
One of the first and safest rules in the interpretation of statutes is, that whenever the sense is doubtful they should be so construed as to further the ends of justice. 1 Blackstone's comm. 44.
It is another rule of construction, that laws are presumed to be passed in relation to these great and fundamental principles of legislation, which in all ages, and even in the most despotic countries, have been considered as fixing landmarks for the sovereign power. It is not to be believed that the representatives of a free people, in a period of perfect tranquility, intended to violate these principles, or that they were ignorant or forgetful of them. Code, 1, 14, 7. Puffendorf droit de la nat. liv. 1, c. 6, 86. Domat. liv. prelim. tit. 1, sect. 1, art. 15. Code Nap. 2, 6 Bac. Abr. 370, 2 Cranch, 272, 7 Johnson, 477.
The decision which we believe to be supported by the soundest principles, does justice between the parties litigating. The defendants seek to escape the payment of a just debt of nearly $500, because sixty cents of the same are expressed in figures. This attempt is
It is therefore ordered and adjudged, and decreed, that the judgment of the district court be affirmed with costs.
Reference
- Full Case Name
- WHITE & AL. v. BROWN & AL.
- Status
- Published