Bleakney v. Farmers & Mechanics' Bank
Supreme Court of Pennsylvania
IN ERROR. • This case was an action of debt on a promissory note brought by the Farmers and Mechanics Bank of Greencastle, the plaintiffs below, against William Bleakney, drawer, and John Stover, endorser; and the principal ground of defence taken, was, that the corporation had forfeited its charter, and therefore the note was void.
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IN ERROR. • This case was an action of debt on a promissory note brought by the Farmers and Mechanics Bank of Greencastle, the plaintiffs below, against William Bleakney, drawer, and John Stover, endorser; and the principal ground of defence taken, was, that the corporation had forfeited its charter, and therefore the note was void. The plaintiff filed a statement of a demand founded on a promissory note, dated, the 20th of January, 1820, drawn by William Bleakney, and endorsed by John Stover, to the plaintiffs, wherein the said Bleakney promised to pay, sixty days after date, to said Stover…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The plaintiffs in error have confined their exceptions to the answer of the court to the two points made by them.
It is objected, 1. That the act is unconstitutional, because it is retrospective and impairs contracts; and, 2. If it was constitutional, still it did not operate on actions pending at.the time of its passage.
In a case in principle the same as this, Hess and others v. Werts, (4 Serg. & Rawle, 356,) it was decided that such legislation was not prohibited. It impaired no contract, but removed an impediment to a contract fairly…
2Cases cited2 opinions
- Hess v. WertsSupreme Court of Pennsylvania · 1818
- M'Coy v. Trustees of Dickenson CollegeSupreme Court of Pennsylvania · 1819
3Cited by6 opinions
- Town of Danville v. PaceSupreme Court of Virginia · 1874
- Town of Danville v. PaceSupreme Court of Virginia · 1874
- Taylor v. KeelerSupreme Court of Connecticut · 1862
- Parkison v. BrackenWisconsin Supreme Court · 1842
- Town of Danville v. PaceSupreme Court of Virginia · 1874
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