Reclamation of Fugitives From Service An Argument for the Defendant Submitted
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37 amples, be applied to the case before the Coiiit, and can there be a reasonable doubt, that the words "after no- tice, " used in the law, refer to a state of facts which is not described by the words "well knowing, " as used in the declaration.
I do not insist that the notice shall be written: but I do insist that notice must be given — and given by the claimant, or some one acting, for him. Notice to an en- dorser of demand and non-payment need not be in wri- ting: but notice must be given ...by the holder, or some one for him. Knowledge of demand and non-payment is not enough; there must be notice from the party who asserts the right. And this example seems to me to furnish a clear illustration of the principle. In both cases the ob- ject is to fix a legal liability, which would not exist without the notice. The only difference is, that the ha- bility in the one case is for a penalty, and in the other for a debt.
I close this part of the argument with a single ques- tion ; — Is there one case, in any book, in which a requisi- tion of notice to charge a party with liability for a pen- alty, or even for a money demand of any kind, has been held to be satisfied by proof that the defendant knew the facts, of which he was to be notified?-^ (1) I ask attention to ihe following passages, which I extract from an essay, drawn up after the trial iu the Circuit Court, by an able and learned lawyer, in no way con- nected with the case, and having no sympathy with the views of abolitionists.
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To quickly assess the difficulty of the text, read a short excerpt:
37 amples, be applied to the case before the Coiiit, and can there be a reasonable doubt, that the words "after no- tice, " used in the law, refer to a state of facts which is not described by the words "well knowing, " as used in the declaration.
I do not insist that the notice shall be written: but I do insist that notice must be given — and given by the claimant, or some one acting, for him. Notice to an en- dorser of demand and non-payment need not be in wri- ting: but notice must be given ...by the holder, or some one for him. Knowledge of demand and non-payment is not enough; there must be notice from the party who asserts the right. And this example seems to me to furnish a clear illustration of the principle. In both cases the ob- ject is to fix a legal liability, which would not exist without the notice. The only difference is, that the ha- bility in the one case is for a penalty, and in the other for a debt.
I close this part of the argument with a single ques- tion ; — Is there one case, in any book, in which a requisi- tion of notice to charge a party with liability for a pen- alty, or even for a money demand of any kind, has been held to be satisfied by proof that the defendant knew the facts, of which he was to be notified?-^ (1) I ask attention to ihe following passages, which I extract from an essay, drawn up after the trial iu the Circuit Court, by an able and learned lawyer, in no way con- nected with the case, and having no sympathy with the views of abolitionists.
What to read after Reclamation of Fugitives From Service An Argument for the Defendant Submitted?
You can find similar books in the "Read Also" column, or choose other free books by Salmon Portland Chase to read onlineMoreLess
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