Wilson v. Morgan
The Superior Court of New York City
The plaintiffs, John Wilson and others, owners of the British ship Atalanta, by their agents, George Henderson & Co.,-in Calcutta, chartered a ship to Gillanders, Arbuthnot & Co., of Calcutta. • The charter party was made in Calcutta, and is dated January 20,1863. It contains the following clause:—“The freight to be paid on unloading and right delivery of the cargo as follows, viz: if discharged in United States of America, in silver and gold dollars, or by approved bills on…
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The plaintiffs, John Wilson and others, owners of the British ship Atalanta, by their agents, George Henderson & Co.,-in Calcutta, chartered a ship to Gillanders, Arbuthnot & Co., of Calcutta. • The charter party was made in Calcutta, and is dated January 20,1863. It contains the following clause:—“The freight to be paid on unloading and right delivery of the cargo as follows, viz: if discharged in United States of America, in silver and gold dollars, or by approved bills on London; if at a port in United Kingdom, as customary.” Edwin D. Morgan and others, the defendants in this action, were…
1Opinion of the Court
By the Court.—Monell, J.
The Act of Congress, passed February 25,1862, provides that the notes by that act authorized to be issued shall be “ lawful money, and a legal tender in payment of all debts, public and private, within the United States, except,” &c. (12 United States Statutes at Large, p. 711). The validity of the act is not open for discussion in this State (Metropolitan Bank v. Van Dyck, 27 N. Y., 400; Meyer v. Roosevelt, Ib.). In those cases the tender of treasury notes, made lawful money by the act of Congress,.was held to satisfy a debt which had been contracted, before the…
2Cases cited8 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Dewitt v. . BrisbaneNew York Court of Appeals · 1858
- Clarkson v. EdesNew York Supreme Court · 1825
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3Cited by3 opinions
- Rice v. Ontario Steamboat Co.New York Supreme Court · 1868
- The BlohmDistrict Court, S.D. New York · 1867
- Brown v. PostThe Superior Court of New York City · 1868