OGDEN v. SAUNDERS

Not in source.

25 U.S. 213 (1827)

12 Wheat. 213

6 L.Ed. 606

OGDEN, Plaintiff in Error, against SAUNDERS, Defendant in Error.

Supreme Court of United States.

March 10, 1827.

March 13, 1827.


Attorney(s) appearing for the Case

The defendant below pleaded several pleas, among which was a certificate of discharge under the act of the legislature of the State of New-York, of April 3d, 1801, for the relief of insolvent debtors, commonly called the three-fourths act.

The jury found the facts in the form of a special verdict, on which the Court rendered a judgment for the plaintiff below, and the cause was brought by writ of error before this Court. The question, which arose under this plea as to the validity of the law of New-York as being repugnant to the constitution of the United States, was argued at February term, 1824, by Mr. Clay, Mr. D.B. Ogden, and Mr. Haines, for the plaintiff in error, and by Mr. Webster and Mr. Wheaton, for the defendant in error, and the cause was continued for advisement until the present term. It was again argued at the present term, (in connexion with several other causes standing on the calendar, and involving the general question of the validity of the State bankrupt, or insolvent laws,) by Mr. Webster and Mr. Wheaton, against the validity, and by the Attorney General, Mr. E. Livingston, Mr. D.B. Ogden, Mr. Jones, and Mr. Sampson, for the validity.


The learned judges delivered their opinions as follows:

Mr. Justice WASHINGTON.

The first and most important point to be decided in this cause turns essentially upon the question, whether the obligation of a contract is impaired by a State bankrupt or insolvent law, which discharges the person and the future acquisitions of the debtor from his liability under a contract entered into in that State after the passage...

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