[2] During the American Revolution, the state of Georgia passed a law that sequestered debts owed to British creditors.

The Treaty of Paris between the United States and Great Britain asserted the validity of debts held by creditors on both sides.

Samuel Brailsford, a British subject and holder of such a debt, attempted to recover from Georgia resident James Spalding.

Sparf v. United States (1895) repeated Curtis's doubts and found that federal courts had no obligation to give similar instructions.

Shelfer concludes that the instructions were neither anomalous nor an endorsement of jury nullification but rather reflected the immaturity of American merchant law and the reliance of courts on experts.