Woman Wants to Collect on 147 Year Old Promissory Note 4
During the Civil War the city of Tampa needed ammunition and other supplies but didn't have enough cash. They issued a promissory note for $299.58 to storekeeper Thomas Pugh Kennedy. 147 years later his great-granddaughter says the city never made good on its loan. Now, Joan Kennedy Biddle and her family are suing to collect the payment plus interest. The amount they want is $22.7 million. This shows why you should never just make your minimum payment.
14th amendment, section 4 (Score:2)
RE: 14th amendment (Score:2)
Second, This was the civil war, and thus not an "insurrection" of the USA.
Third, this debt was incurred BEFORE the amendment was ratified, but almost 10 years, and was thus at that time expected to be paid.
Now, in the cities defence, at some point a statuate of limitations should have come into play. the city may acknowledge the debt, but after X number of years, the citizen may not h
Re: (Score:2)
The State can be protected by the 14th Amendment on Civil War Debts (Yes, it was an insurrection against the Federal Government).
The Amendment was passed as part of a relief package for the "Reconstruction" of the Southern States and was pretty much entirely and explicitly for the relief of debts incurred by the States during the Civil War.
The quid-pro-quo outcome to the Northern States was that if they attempted another insurrection, that there would be a shortage of len
Re: (Score:2)
Amendment useful:
http://caselaw.lp.findlaw.com/data/constitution/amendment14/37.html [findlaw.com]
"Sec. 4 was undoubtedly inspired by the desire to put beyond question the obligations of the Government issued during the Civil War"
It is BEYOND QUESTION that the debt is invalid according to the Supreme Court.
Thorington V Smith in 1868 states:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=75&invol=1 [findlaw.com]
"It is very certain that the Confederate