Scholefield v. Eichelberger
Supreme Court of the United States
IN error to the- circuit court of the United States for the district of Maryland. In the circuit court; an action of assumpsit was brought by-the plaintiffs in error for the recovery of one thousand find one' pounds four shillings and eight pence -sterling, with interest; asserted to be due to them by the defendants in error, for merchandize sold and delivered. The declaration was in the usual form.
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IN error to the- circuit court of the United States for the district of Maryland. In the circuit court; an action of assumpsit was brought by-the plaintiffs in error for the recovery of one thousand find one' pounds four shillings and eight pence -sterling, with interest; asserted to be due to them by the defendants in error, for merchandize sold and delivered. The declaration was in the usual form. On the trial of the cause, the plain tilts, to maintain the issue mi their pari, offered in evidence two accounts hcade ’ as follows: “ Dr. Messrs Eichelberger and Clemm.in account with…
1Opinion of the CourtJustice Johnson
The action here is assumpsit to recover the balance of an' account current against Eichelberger, survivor of Eichelberger and Clemm, the latter having died during the war. The defence is, tha! the contract was made during war, and therefore void.
The doctrine is not at this day to be questioned, that during a state of hostility, the citizens of the hostile states are incapable of contracting with each other. For near twenty years this has been acknowledged as the settled doctrine of this court, and in a case which proves it to be a rule of very general and rigid application (The Rapid). Even…
2Cited by22 opinions
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- Sands v. . N.Y. Life Insurance Co.New York Court of Appeals · 1872
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