Hale v. Huston, Sims & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before Hon. L. B. Smith. The appellees were sued on a promissory note, for the sum of six thousand dollars, made by them on the 18th of June, 1863, and payable to plaintiff or order one day after date. The defense set up was, that the consideration of the note was Confederate treasury-notes, commonly called Confederate money, loaned by tbe plaintiff to them on the day the note bears date.
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Appeal from the Circuit Court of Sumter. Tried before Hon. L. B. Smith. The appellees were sued on a promissory note, for the sum of six thousand dollars, made by them on the 18th of June, 1863, and payable to plaintiff or order one day after date. The defense set up was, that the consideration of the note was Confederate treasury-notes, commonly called Confederate money, loaned by tbe plaintiff to them on the day the note bears date. On the trial, this plea was established by the proof, and also that the Confederate money, when lent, was of some value, and was used by defendants as valuable…
1Opinion of the CourtB. F. Saffold, J.
The question is directly presented whether a loan of Confederate States treasury-notes is such a consideration as will support, in whole or in part, a promise to pay a like sum in lawful money of the United States. We know judicially that the Confederate States was an organization hostile to the United States, and seeking to overthrow its supremacy over the territory and the people of the States comprising the Confederation; that its treasury-notes were issued and used in pursuance, and in aid of, that unlawful and revolutionary purpose. No *137one will deny that contracts made for the use of…
2Cases cited5 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Briscoe v. President of the Bank of the CommonwealthSupreme Court of the United States · 1837
- Williams v. SimsSupreme Court of Alabama · 1853
- Jolley v. Walker's Adm'rsSupreme Court of Alabama · 1855
- Young v. ScottSupreme Court of Alabama · 1843
3Cited by8 opinions
- Cannon v. McNab & Eastern BankSupreme Court of Alabama · 1872
- Whitfield v. RiddleSupreme Court of Alabama · 1875
- Askew v. TorbertSupreme Court of Alabama · 1873
- Coster v. BarrettSupreme Court of Alabama · 1873
- Jordan v. CobbSupreme Court of Alabama · 1872
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