[DOWNLOAD] "Orchard v. Hughes. Id. v. Id" by United States Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: Orchard v. Hughes. Id. v. Id
• Author : United States Supreme Court
• Release Date : January 01, 1863
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Messrs. Woolworth and Kernan for the appellant, Orchard; Messrs. Redick and Carlisle, contra. 1. The fatal defect in both the answer and the proofs is, that, admitting every allegation against the legality of the bank charter, and of the worthlessness of the paper issued by the bank, Orchard, the maker of the note and of the mortgage, had not been the sufferer. The bills constituting a portion of the consideration of the note, he used in payment of his debts, while they were current in the community, and he has not taken them back, either, voluntarily, assuming that he might have done so, and set up the fact as a defence to the note; nor has he been subjected to the repayment of the debts he discharged by the use of them; and even were he permitted to succeed in reducing the present demand by rebating the bank bills received by him, it does not appear that he is under any obligation to account for that amount to the creditor or creditors to whom he paid them. The defendant, therefore, is not in a condition to contest the several questions raised and discussed on the argument in respect to the power of the legislature to charter the bank, or the conduct of the parties concerned in its organization, or in keeping up its credit for the purpose of imposing upon and defrauding the community by means of the circulation of its paper. The decree, therefore, of the court below was right, and should be affirmed.

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