(DOWNLOAD) "John Briscoe and Others v. the President and Directors of the Bank of the Commonwealth of Kentucky" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: John Briscoe and Others v. the President and Directors of the Bank of the Commonwealth of Kentucky
- Author : United States Supreme Court
- Release Date : January 01, 1837
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 169 KB
Description
White, for the plaintiffs in error.–The suit is brought on an instrument, alleged to be void, as the consideration given for it was a currency prohibited by the constitution of the United States. It was given for the notes of the Bank of the Commonwealth of Kentucky; and the question which is presented by the record, and which is now to be decided by this court is, whether the law of the state of Kentucky establishing the bank, was not a violation of the provision in the constitution of the United States, which prohibits the states of the United States from issuing 'bills of credit.' The case is one of great importance, and the decision of this court upon it, is looked for with deep solicitude. It was before the court at a former term, and was then argued at large. The court directed a re-argument. The facts on which the plaintiffs in error rely, are fully established by the pleadings. The pleas in the court of Mercer county, state the nature of the institution established by the act of incorporation; and that it had no funds provided for the payment of the notes issued by it; and that the funds provided by the law were never paid to the bank. The plaintiffs demurred generally; and thus the facts stated in the pleas, are admitted. The unconstitutionality of the law is stated in the pleas, and the court of appeals of Kentucky decided on the question thus presented; the case is then fully within the provisions of the 25th section of the judiciary act of 1789.