Full case name Brown v. Barry | End date 1797 | |
Citations 3 U.S. 365 (more)
1 L. Ed. 638; 1797 U.S. LEXIS 205; 3 Dall. 365 Majority Elsworth, joined by unanimous | ||
Brown v. Barry, 3 U.S. 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.