Thursday, December 07, 2006

The Court for the Correction of Errors of New York?

Many blawgs offer up to the minute analysis on cases being handed down. ABL, never one to conform for sake of conformity, will go the other way. ABL has dusted off an 1838 decision by the Court for the Correction of Errors of New York (a court that ABL had not heard of before coming across the decision). It is better than new, it is retro. Notably, the Court was comprised of a Chancellor and Senators.

Although subsequent decisions adopt this point of law, how often do you get a chance to cite to the predecessor of the Court of Appeals?

"The contract should not by implication receive an illegal construction. When a contract is capable of receiving two constructions, the one legal and the other illegal, it should receive that construction which would hold it legal." De Groot v. Van Duser, 20 Wend. 390, Lock. Rev. Cas. 398 (1838).

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