 One of the tests that a contract has been impaired is that its value has, by legislation, been diminished. It is not, by the Constitution, to be impaired at all. This is not a question of degree or cause, but of encroaching, in any respect, on its obligation...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 301by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903Full view - About this book
 | 1901 - 1264 pages
...existed at the rime tho contract was made. Sturges v. Crownlnshield, 4 Wheat. 122, 4 L. Ed. 529. Oue of the tests ; that a contract has been Impaired Is...value has by legislation been diminished. It Is not a question of degree or manner от cause, but of encroaching In any respect on Its obligation, dispensing... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1901 - 836 pages
...301; Curren v.. State, 15 How. 319; Howard v. Bngbec, 24 How. 461 ; Hawtlwrn v. Cliff, 2 Wall. 10. One of the tests that a contract has been impaired...that its value has by legislation been diminished. Edwards v. Kearzey, 96 US 595601 ; Rutland v. Copes, 15 Richardson (SC) 105; Boice v. Boice, 27 Minn.... | |
 | 1901 - 758 pages
...has also been overruled by the last named case, in which Mr. Justice W'oodbury says: "One of the true tests that a contract has been impaired is, that its value has been diminished. It is not by the constitution to be impaired at all." And yet this mere dictum (already... | |
 | Indiana. Appellate Court - 1902 - 794 pages
...v. Sharp, supra. Nor in order to produce such result was it necessary that the act be prohibitive. "One of the tests, that a contract has been impaired,...impaired at all. This is not a question of degree or manner or cause but of encroachment in any respect upon its obligation, dispensing with any part of... | |
 | Carl Horton Pierce - 1903 - 456 pages
...without the consent of the surety, the latter is discharged, although the change was for his advantage. "One of the tests that a contract has been impaired...its obligation, — dispensing with any part of its force."1 This has reference to legislation which affects the contract directly, and not incidentally... | |
 | William Angus Sutherland - 1904 - 1008 pages
...the obligation of a contract is not to be impaired at all.53 It is not a question of degree, manner or cause, but of encroaching in any respect on its obligation — dispensing with any part of its force;84 and any deviation by postponement or acceleration of the period of performance, or imposing... | |
 | 1905 - 1086 pages
...enforce it. Thus it was said in the case of Planter* Bank v. Sharp, 47 US 6 How. 301 [12 L. ed. 447]: "One of the tests that a contract has been impaired...impaired at all. This is not a question of degree or manner or cause, but of encroaching in ипу respect on its obligation — dispensing with any part... | |
 | 1905 - 1042 pages
...says the court in Planters' Bank of Missimppi v. Sharp, 47 US 6 How. 327, 12 L. ed. 458, "that the contract has been impaired, is that its value has...is not, by the Constitution, to be impaired at all. There is no question of degree or cause, but of encroaching in any respect upon its obligation, dispensing... | |
 | Abraham Clark Freeman - 1908 - 1174 pages
...Sharp, 6 How. (US) 301, 12 L. cd. 447, where it is said: "It [the contract] is not by the prohibition of the constitution to be impaired at all. This is not a question of degree, or manner, or cause, but of encroaching in auy respect on its obligation, dispensing with any part of... | |
 | West Virginia. Supreme Court of Appeals - 1909 - 828 pages
...immaterial in their effect upon the contract, impairs its obligation." Green v. Biddle, 8 Wheaton 84. "'One of the tests that a contract has been impaired is that its value has, by legislation, been dimin376 WATER Co. v. TOWN OF WELCH. [64 ished. It is, by the Constitution, not to be impaired at all.... | |
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