Brown v. Barry

Brown v. Barry
Supreme Court of the United States
Argued August 8–9, 1797 Decided August 15, 1797
Full case name	Brown v. Barry
Citations	3 U.S. 365 (more) 3 Dall. 365; 1 L. Ed. 638; 1797 U.S. LEXIS 205
Court membership
Chief Justice Oliver Ellsworth Associate Justices James Wilson · William Cushing James Iredell · William Paterson Samuel Chase
Case opinion
Majority	Elsworth, joined by unanimous

Brown v. Barry, 3 U.S. (3 Dall.) 365 (1797), was a United States Supreme Court case in which the court determined the following:

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

1. 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

• Text of Brown v. Barry, 3 U.S. (3 Dall.) 365 (1797) is available from: Google Scholar Justia Library of Congress OpenJurist