Campbell v. New Orleans National Bank

• Decision Date: 27 February 1897
• Citation: 74 Miss. 530,23 So. 25
• Court: Mississippi Supreme Court
• Parties: CHARLES CAMPBELL v. NEW ORLEANS NATIONAL BANK

23 So. 25

74 Miss. 530

CHARLES CAMPBELL v. NEW ORLEANS NATIONAL BANK

Supreme Court of Mississippi

February 27, 1897

October, 1896

Suggestion denied.

OPINION

WOODS, C. J.

The view contended for in the brief filed with the suggestion of error, as well as the view advanced in the original brief of appellee's counsel, involves the idea of the repeal of § 990 of the code of 1880, by the act of 1882, in so far as dealings in futures were embraced in that section of the code. But there is not the slightest reference in the act of 1882 to § 990 of that code, and repeals by implication are not favored. The repeal by implication must clearly appear in the supposed repealing act, and we fail to find any purpose to repeal any former law by the act of 1882. Rather, it appears to have been the intention of the legislature, by enacting the statute of 1882, to enlarge the existing law. The first section of the act of 1882 makes criminal any dealings in futures, and the second section declares such contracts nonenforceable. But they were already nonenforceable under section 990 and the interpretation placed on that section in Clay v. Allen , 63 Miss. 426, and, therefore, this second section of the act of 1882 was, so far as concerns contracts made in this state, idle, and added nothing to the law already long in force. Neither did it, as to such contracts, take anything from that law.

Suggestion is denied.