Bane of United States v. Frederickson

U.S. Circuit Court

Bane of United States v. Frederickson

2 F. Cas. 744, 1821 U.S. App. LEXIS 253

CourtUnited States Circuit Court

DecidedOctober 14, 1821

StatusPublished

Cited by2 cases

This text of 2 F. Cas. 744 (Bane of United States v. Frederickson) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bane of United States v. Frederickson, 2 F. Cas. 744, 1821 U.S. App. LEXIS 253 (uscirct 1821).

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Opinion

THE COURT.

The law upon which the motion is founded is equivalent to a discharge of the debt, and to say the least of it, impairs the obligation of contracts, contrary to the decision of this court in Golden v. Prince, [Case No. 5,509,] and Sturges v. Crowninshield, [4 Wheat. (17 U. S.) 122.] If the legislature can constitutionally take away a creditor’s remedy for seven years, they can for seventy; in either case the law impairs the obligation of contracts—they differ only in degree.

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THE COURT.

The law upon which the motion is founded is equivalent to a discharge of the debt, and to say the least of it, impairs the obligation of contracts, contrary to the decision of this court in Golden v. Prince, [Case No. 5,509,] and Sturges v. Crowninshield, [4 Wheat. (17 U. S.) 122.] If the legislature can constitutionally take away a creditor’s remedy for seven years, they can for seventy; in either case the law impairs the obligation of contracts—they differ only in degree.

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Bluebook (online)

2 F. Cas. 744, 1821 U.S. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bane-of-united-states-v-frederickson-uscirct-1821.

Opinion

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