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SCHOLEFIELD v. EICHELBERGER

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32 U.S. 586 (1833)

7 Pet. 586

8 L.Ed. 793

JOSHUA SCHOLEFIELD AND JOHN TAYLOR, PLAINTIFFS IN ERROR, v. JESSE EICHELBERGER, SURVIVING PARTNER OF JOHN CLEMM, DEFENDANT IN ERROR.

Supreme Court of United States.

February 11, 1833.

Attorney(s) appearing for the Case

The case was argued by Mr Donaldson and Mr Taney, for the plaintiffs in error; for the defendant, a printed argument was submitted to the court by Mr R. Johnson and Mr R.B. Magruder.

Mr Justice JOHNSON delivered the opinion of the Court.

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, that 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...

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