Mervine v. Sailor
Supreme Court of Pennsylvania
The views herein expressed may be better understood by keeping in mind the form of action, and that it is an action of covenant to recover damages for a breach of contract by the defendants, in failing to pay the plaintiff a certain ground-rent which they had contracted to do, “ in lawful silver money of the United States of America, each dollar weighing 17 dwts. and 6 grains at least.”
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The views herein expressed may be better understood by keeping in mind the form of action, and that it is an action of covenant to recover damages for a breach of contract by the defendants, in failing to pay the plaintiff a certain ground-rent which they had contracted to do, “ in lawful silver money of the United States of America, each dollar weighing 17 dwts. and 6 grains at least.” The defendants deny a breach of the contract, and set up performance by pleading a tender of the number of dollars in legal-tender notes of the United States, and the court below held their plea good. I cannot…
1Opinion of the CourtStrong, J.
All these cases present the question whether the Act of Congress of February 25th 1862, entitled “ An Act to authorize the issue of United States notes, and for the redemption and funding thereof, and for funding the floating debt of the United States,” was a legitimate exercise of the powers conferred upon Congress by the Federal Constitution. The act authorized the secretary of the treasury to issue, on the credit of the United States, $150,000,000 of United States notes, not bearing interest, *57payable to bearer at the treasury of the United States, and of such denominations as he might deem…
2Cases cited18 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Fletcher v. PeckSupreme Court of the United States · 1810
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- United States v. FisherSupreme Court of the United States · 1805
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3Cited by1 opinion
- Fitzgerald v. FitzgeraldPennsylvania Orphans' Court, Bradford County · 1950