Sylvester v. Girard
Supreme Court of Pennsylvania
Writ of error to the District Court for the City and County of Philadelphia, in an action of trover brought by Nathaniel Sylves- ter against Stephen Girard for a promissory note in the following form, C. ^ “ 1009. C. No. 353. No. 353. 1000. ¶ 2 I promise to pay to M. Gebler, or bearer, One Thousand f, ( * | Dollars, on demand, at my Banking-house in South j | | •g, Third Street.
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Writ of error to the District Court for the City and County of Philadelphia, in an action of trover brought by Nathaniel Sylves- ter against Stephen Girard for a promissory note in the following form, C. ^ “ 1009. C. No. 353. No. 353. 1000. ¶ 2 I promise to pay to M. Gebler, or bearer, One Thousand f, ( * | Dollars, on demand, at my Banking-house in South j | | •g, Third Street. Philadelphia, May 3,1827. ¶ M Stephn- Girard.” ?• “ J. Roberts, Cashier.” [Indorsed] “ M. Gebler.” The defendant pleaded not guilty. On the trial of the cause in the District Court, it appeared, that one William Clew,…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
By the second section of the act of 1817, this note of Stephen Girard, admitting him to be within the prohibitory clause, which I do not admit, would have been illegal, and no süit for the recovery on it could have been supported ; and if so, this suit would be a useless contest about the right to that which was worthless.
Admit, however, that generally no suit can be supported on a note or writing, which the law forbids any person to make or issue under a penalty, yet it was competent to the legislature to enact otherwise, and expressly to…
2Cases cited2 opinions
- Kennedy v. StrongNew York Supreme Court · 1817
- Schermerhorn v. Van VolkenburghNew York Supreme Court · 1814
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- Knapp v. Miller, Pennsylvania Court of Common Pleas, Schuylkill County1890
- Myers v. Manhattan BankOhio Supreme Court · 1851
- Pugh v. Moore, Hyams & Co.Supreme Court of Louisiana · 1892