Groves v. Clark ( 1869 )

Wyly, J.

I think the obligation between the indorsee and the maker of the note sued on, cannot be enforced without enforcing the original contract.

If the maker is forced by the court to discharge his obligation to the indorsee he is necessarily forced to discharge the contract he has made with the payee, which was for slaves.

This we cannot do without violating article 128 of the Constitution;

For these reasons and those given by Mr. Justice Taliaferro, I concur in the decree of the court.