Hoare v. Allen
Supreme Court of the United States
THIS was a Scire Facias, on a mortgage given on the 4th December, 1773, for securing the payment of £16,000, sterling, with interest.
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THIS was a Scire Facias, on a mortgage given on the 4th December, 1773, for securing the payment of £16,000, sterling, with interest. It was tried at Chester, Nisi Prius, on the 4th May, 1789, before the Chief Justice, Atlee, and Bryan, Justice; when it appeared, that the plaintiff was a British subject, resident in London ; that Amos' Strettle was his attorney in fact, at the time of the execution of the mortgage, and after: but it did not appear, whether he continued to act as such subsequent to the war. He resided in the state till his death, which was about. The question that was made in…
1Opinion of the Court
By the Court :
—This action is brought on a mortgage for £16,000, payable on 4th December, 1774. No suit could be brought on the mortgage before the 4th December, 1775. Before that period, the war commenced, and on the 10th September, 1775, the Congress prohibited the exportation of commodities, &c. to Great Britain, or any of her dominions. This was obligatory on their constituents, and it became unlawful to make any remittances after this to the enemy. During a war all civil actions between enemies are suspended; debts are suspended also, but restored by the peace. For the term of 7 1-2…
2Cited by10 opinions
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- Keith Allen v. DCCourt of Appeals for the D.C. Circuit · 2020
- Shacklett v. PolkMississippi Supreme Court · 1875
- Chase v. ManhardtHigh Court of Chancery of Maryland · 1821
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