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eBook details

• Title: Knox v. Exchange Bank
• Author : United States Supreme Court
• Release Date : January 01, 1870
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Mr. Claughton, for the defendant in error, in April, 1871, moved to dismiss the case as not within the section; Messrs. Brant and Wattles, contra, opposed the motion, on the ground that the original provision in the charter of the bank making its notes receivable for debts due to it was a contract; and that under the case of Furman v. Nichol1 in this court, that contract had been impaired. They inferred that the case thus did come within the section. The conclusion of the court below, they argued, could have been reached only in one of two ways: 1st, on an assumption that the provision in the charter which made the notes a tender in payment of debts due it, made no contract, or else–and this was what the counsel suggested as more probable–that the act of February, 1866, authorizing the general assignment, had been construed as repealing the provision of the charter; and that, in either view, a statute was drawn in question, and construed adversely to the objection of unconstitutionality set up. It was in vain to say, they argued, that it was not the validity of the act of the 12th of February that was complained of by the plaintiffs, but the construction placed upon it by the State court. That was the exact argument made use of in Bridge Proprietors v. Hoboken Company,2 where, on p. 144, the court say: 'If this construction is one which violates the plaintiff's contract, and is the one on which the defendants are acting, it is clear that the plaintiffs have no relief except in this court, and that this court will not be discharging its duty to see that no State legislature shall pass a law impairing the obligation of a contract, unless it takes jurisdiction of such cases.' To the same effect was the opinion of this court in Furman v. Nichol.

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