Washburn v. Franklin
New York Supreme Court
Appeal from a judgment. The action was brought to recover damages for not fulfilling a contract for the purchase from plaintiff of certain stock. The time of the making of the alleged agreement was prior to the act of 1858 (laws of 1858, 251, ch. 134), repealing the statute prohibiting stockjobbing (1 Rev. Stat., 710). The plaintiff was not the owner of the stock at the time of making the agreement, nor was he in possession of it.
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Appeal from a judgment. The action was brought to recover damages for not fulfilling a contract for the purchase from plaintiff of certain stock. The time of the making of the alleged agreement was prior to the act of 1858 (laws of 1858, 251, ch. 134), repealing the statute prohibiting stockjobbing (1 Rev. Stat., 710). The plaintiff was not the owner of the stock at the time of making the agreement, nor was he in possession of it. See a decision on a demurrer to the complaint, reported, 7 Ante, 8. At the trial, the court gave judgment for the defendant. See our report, 11 Ante, 93.
1Opinion of the Court
By the Court.*— Ingraham, J.
—In Key a. Goodwin (4 Moore & Payne, 341), it is said, “I take the effect of a repealing statute to be to obliterate it as completely as if it had never passed, and that it must be considered as a law that never existed, except for the purpose of those actions or suits which were commenced and concluded while it was an existing law.” (See Butler a. Palmer, 1 Hill, 324.)
A repealing clause is such an express enactment as necessarily devests all inchoate rights which have arisen under the statute which it destroys.
The principle that a repeal of an act, which made a…
2Cases cited3 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- Central Bank v. Empire Stone Dressing Co.New York Supreme Court · 1857
3Cited by14 opinions
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
- Duffus v. Howard Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Little Rock v. National BankSupreme Court of the United States · 1878
- Lido Capital Corp. v. EskelsenNew York Supreme Court · 1936
- Government of French Republic v. CabotNew York Supreme Court · 1947
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