Legal Opinion

Hess v. Werts

Supreme Court of Pennsylvania

Decided September 15, 1818PublishedCited by 10 opinions

In Error. ERROR to the Court of Common Pleas of Fayette county, in a suit brought by Werts, the plaintiff below, against Hess and others, in which the jury found a verdict ^or f°r 6000 dollars, subject to the opinion of the Court below, on the facts of the case, stated as a special verdict.

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In Error. ERROR to the Court of Common Pleas of Fayette county, in a suit brought by Werts, the plaintiff below, against Hess and others, in which the jury found a verdict ^or f°r 6000 dollars, subject to the opinion of the Court below, on the facts of the case, stated as a special verdict. Judgment was entered below, for the plaintiff. _ . It was an action of assumpsit for money had and received, brought against Hess and others, as partners, under the name and firm of “ The Farmers’ and Mechanics’Bank of Fayette _ , „ , „ . County, Pennsylvania,” to recover the amount of certain promissory…

1Opinion of the Court

Tilghman C. ‘J.

gave no opinion, not having heard the argument.

Gibson J.

The defendants contend, that by the act of 1814, the contract was rendered void; and that it was not competent to the legislature to create, by its repeal, anew contract for the parties, which, in point of law, had no previous existence. It certainly never was in the view of the legislature to make a new contract, nor have they done so. The object of the act of 1814, was, among other things, to restrain the circulation of the notes of unlawful banking associations; and for this purpose, such notes are declared void. I…

2Cases cited5 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Dash v. Van KleeckNew York Supreme Court · 1811
  3. Livingston v. RooseveltNew York Supreme Court · 1809
  4. Little v. Johnson City Foundry & MacHine Co.Tennessee Supreme Court · 1928
  5. The United States v. Thomas PassmoreSupreme Court of the United States · 1804

3Cited by10 opinions

  1. Town of Danville v. PaceSupreme Court of Virginia · 1874
  2. Mercer v. WatsonSupreme Court of Pennsylvania · 1833
  3. Gorman v. RussellCalifornia Supreme Court · 1860
  4. Babb v. ReedSupreme Court of Pennsylvania · 1835
  5. Witmer v. SchlatterSupreme Court of Pennsylvania · 1830

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