Legal Opinion

Delmas v. Insurance Co.

Supreme Court of the United States

Decided November 25, 1872PublishedCited by 41 opinions

Error to the Supreme Court of Louisiana; the case being this: J. Menard, of New Orleans, gave to one Delmas an obligation, the consideration of which (as.was said) was Confederate money.

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Error to the Supreme Court of Louisiana; the case being this: J. Menard, of New Orleans, gave to one Delmas an obligation, the consideration of which (as.was said) was Confederate money. On this obligation Delmas obtained a judgment; Subsequent-to the date of the obligation given, as above said, the State of Louisiana adopted a new constitution of government, the 127th article of which thus ordained : “All agreements, the consideration of which was Confederate money, notes or bonds, are null and void; and shall not be en- ‘ ' forced by the courts of this State.” So far as to Delmas and the…

1Opinion of the CourtJustice Miller

The plaintiff in error relies upon two propositions ruled against him by the Supreme Court of Louisiana as bringing the case within the revisory power of this court.

1. The first of these is that the court below decided that a judgment in his favor, which was otherwise conceded to be a valid prior lien, was void because the consideration of the contract on which the judgment was rendered was,Confederate money.

2. That the note under which the insurance company claimed had been extended as to time of payment, and the mortgage given to secure i't reinscribed, without having the stamps affixed…

2Cases cited1 opinion

  1. Washington and Turner v. OgdenSupreme Court of the United States · 1862

3Cited by41 opinions

  1. New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
  2. Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
  3. Western Union Telegraph Co. v. Commercial Milling Co.Supreme Court of the United States · 1910
  4. Melendez v. City of New YorkCourt of Appeals for the Second Circuit · 2021
  5. Tullock v. MulvaneSupreme Court of the United States · 1902

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