Amite County MsArchives Court.....Chanee, Wm June 1818
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Deb Haines ddhaines@gmail.com December 7, 2005, 11:12 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi, June Term, 1818
Written: June 1818

WM. CHANEE vs. ISAAC H. RIGHT.


The rule which govern the circulation of negotiable paper must prevail, and 
the court cannot moderate any hardship resulting from these rules in relation 
to illiterate persons, or graduate the system, so as to adapt it to the 
various degrees of intelligence.


OPINION OF THE COURT—BY CHIEF JUSTICE HAMPTON


This was a motion for a new trial, referred from Amite Circuit court. Though 
at first strongly inclined to overrule the motion, believing that substantial 
justice had been done by the verdict, yet, as it is so manifestly in violation 
of the law regulating the accountabilities, resulting from the circulation of 
negotiable paper, we have felt bound to grant a new trial. We have witnessed 
the great hardship produced by the application of the strict law merchant, to 
the transactions of plain illiterate men in the country, who take and transfer 
notes without any reference to the strict conditions imposed by the law 
governing such transfers. But we cannot well graduate the system, and bring it 
in adaptation to the various degrees of intelligence and facilities in 
different parts of the country, and perhaps we have more to dread, from 
untried innovations, than from unequal, but known and settled principles.

Motion for a new trial sustained.


Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834; pages 156.

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