Boyce v. Tabb
Cases that cite this one
17 later published cases cite this decision.
- Boston &. M. R. R. v. Breslin (1st Cir. 1935)
- Erie Railroad v. Tompkins (Supreme Court of the United States 1938)
- Swett v. Givner (District Court, N.D. Illinois 1934)
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co. (Supreme Court of the United States 1928)
- Bush v. Bremner (D. Minn. 1928)
- Converse v. Mears (U.S. Circuit Court for the District of Western Wisconsin 1908)
- Gilbert v. American Surety Co. (7th Cir. 1902)
- L. Bucki & Son Lumber Co. v. Fidelity & Deposit Co. of Maryland (5th Cir. 1901)
- Sonstiby v. Keeley (D. Minn. 1882)
- McGuire v. Sherwin-Willliams Co. (7th Cir. 1936)
- Salem Trust Co. v. Manufacturers' Finance Co. (Supreme Court of the United States 1924)
- Société Anonyme des Sucreries de Saint Jean v. Bull Insular Line, Inc. (District Court, D. Puerto Rico 1920)
- Bay State Milling Co. v. Royal Bank of Canada (District Court, D. Puerto Rico 1919)
- Dexter v. Edmands (U.S. Circuit Court for the District of Massachusetts 1898)
- Stowe v. Belfast Sav. Bank (U.S. Circuit Court for the District of Maine 1897)
- Howard v. Delaware & H. Canal Co. (U.S. Circuit Court for the District of Vermont 1889)
- Hartman v. Fishbeck (U.S. Circuit Court for the District of Eastern Wisconsin 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the Opinion of the court.
' If, when the note in question was executed, slavery existed in Louisiana under the protection of law, and contracts relating to it were enforceable in the courts, which is conceded to be'the case, the defendant cannot be released from his obligation to pay it by anything which the State has done subsequently. This subject received the careful attention of this court in White v. Hart, * and we are satisfied of the soundness of the views there presented. The case of Osborne v. Nicholson † is also decisive of the last point in the charge. In that ca.se it was held that contracts relating to slaves, valid-when made, were not impaired by the thirteenth amendment to the Constitution, and it would serve no useful purpose to restate the argument by w7hich that decision was supported. It is sufficient to say that we have seen no reason to question the correctness of the interpretation given ■to that amendment in its application to that case.
It is urged on the part of the plaintiff in error, as the highest court in Louisiana has, on grounds of.public policy, refused to enforce contracts like this since the abolition of slavery, that the thirty-fourth section of the Judiciary Act •of 1789 obliges this court to follow that rule of decision. This is an erroneous view of the obligation imposed by that section on this court, as our decisions abundantly show. ‡ The provisions of that section do not apply, nor was it intended they should apply, to questions of a general nature not based on a locat statute or usage, nor on any rule of law affecting titles to land, nor on any principle which had become a settled rule of property. The decisions of the State courts, on all questions not thus affected, are not conclusive authority, although they are entitled to, and will receive from us, attention and respect.
Judgment aeeírmed.
13 Wallace, 647.
Ib. 655.
Swift v. Tyson, 16 Peters, 1; Watson v. Tarpley, 18 Howard, 520; Delmas v. Insurance Company, 14 Wallace, 665.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.