John L. Shawhan, Daniel Shawhan, George H. Perrin, Benjamin Berry, Catharine Snodgrass and Isaac Miller (the appellants) appealed a decision of the Circuit Court for the District of Kentucky in favor of Perry Wherritt (the assignee). The dispute concerned whether or not certain notes given by Benjamin Brandon to the appellants were validly discharged when he declared bankruptcy. The Supreme Court held that while it was true that Brandon had been adjudged bankrupt prior to his death and all debts due him at his death were discharged under an act passed in 1841; however this did not include any debt contracted after such adjudication but before his death as these could still be collected from Brandon's estate after his passing. Therefore since the notes in question were issued by Brandon post-adjudication they remained collectible from his estate even though he had died prior to their payment being made.

In the case of John L. Shawhan, Daniel Shawhan, George H. Perrin, Benjamin Berry, Catharine Snodgrass and Isaac Miller v Perry Wherritt (1849), the dissenting opinion argued that a contract between two parties should be enforced according to its terms unless it is found to be illegal or against public policy. The dissenters believed that in this case there was no evidence presented which showed any illegality or violation of public policy on behalf of either party involved in the contract; therefore they argued that it should have been enforced as written by both parties without interference from outside sources such as courts or other third-parties. Furthermore, they felt that if one party had failed to fulfill their obligations under the agreement then legal remedies were available for them but not for another unrelated third-party who was not part of the original agreement nor did they suffer any damages due to its breach.