The suspension of a statute for a limited time is not a repeal of it.
The intention of the legislature when discovered must prevail, any rule of construction. declared by previous acts, to the contrary notwithstanding.
In an action on a bill of exchange, which had not been protested for non-payment, it is not necessary to aver in the declaration that the bill had been protested for non-acceptance.
As to bills of exchange drawn in the United States payable in Europe, the custom of merchants in this country does not ordinarily require, to recover on a protest for non-payment, that a protest for non-acceptance shall be produced, though the bills were not accepted.
Where the action is for foreign money, and its value is not averred, a verdict cures the defect.
The reason that debet for foreign money is ill, is the uncertainty of its value; and this is cured by a verdict.[1]
Referencesedit
^Condensed reports of cases in the Supreme court of the United States: containing the whole series of the decisions of the court from its organization to the commencement of the Peters's Reports at January term 1827, with copious notes of parallel cases in the Supreme, Circuit, and ..., Volume 1, (Thomas, Cowperthwait, 1844) pg. 165 [1]
External linksedit
Text of Brown v. Barry, 3U.S. (3 Dall.) 365 (1797) is available from:Google ScholarJustiaLibrary of CongressOpenJurist
January 01, 1970
brown, barry, dall, 1797, united, states, supreme, court, case, which, court, determined, following, supreme, court, united, statesargued, august, 1797decided, august, 1797full, case, namecitations3, more, dall, 1797, lexis, 205court, membershipchief, justice,. Brown v Barry 3 U S 3 Dall 365 1797 was a United States Supreme Court case in which the court determined the following Brown v BarrySupreme Court of the United StatesArgued August 8 9 1797Decided August 15 1797Full case nameBrown v BarryCitations3 U S 365 more 3 Dall 365 1 L Ed 638 1797 U S LEXIS 205Court membershipChief Justice Oliver Ellsworth Associate Justices James Wilson William CushingJames Iredell William PatersonSamuel ChaseCase opinionMajorityElsworth joined by unanimous The suspension of a statute for a limited time is not a repeal of it The intention of the legislature when discovered must prevail any rule of construction declared by previous acts to the contrary notwithstanding In an action on a bill of exchange which had not been protested for non payment it is not necessary to aver in the declaration that the bill had been protested for non acceptance As to bills of exchange drawn in the United States payable in Europe the custom of merchants in this country does not ordinarily require to recover on a protest for non payment that a protest for non acceptance shall be produced though the bills were not accepted Where the action is for foreign money and its value is not averred a verdict cures the defect The reason that debet for foreign money is ill is the uncertainty of its value and this is cured by a verdict 1 References edit Condensed reports of cases in the Supreme court of the United States containing the whole series of the decisions of the court from its organization to the commencement of the Peters s Reports at January term 1827 with copious notes of parallel cases in the Supreme Circuit and Volume 1 Thomas Cowperthwait 1844 pg 165 1 External links editText of Brown v Barry 3 U S 3 Dall 365 1797 is available from Google Scholar Justia Library of Congress OpenJurist Retrieved from https en wikipedia org w index php title Brown v Barry amp oldid 1175139515, wikipedia, wiki, book, books, library,
