Rodes v. . Bronson
New York Court of Appeals
This cause came up on appeal from a judgment of the General Term, reversing a judgment of the Special Term, and dismissing the complaint, with costs.
Read the full summary
This cause came up on appeal from a judgment of the General Term, reversing a judgment of the Special Term, and dismissing the complaint, with costs. On the 16th day of December, 1851, one Christian Metz and Barbara, his wife, executed to defendant, as executor, &c., of Arthur Bronson, deceased, a mortgage upon certain lands in Erie county, to secure the payment of $1,400, on the 1st day of January, 1857, “m gold or silver com, lawful money of the United States,” with interest semi-annually on the first days of January and July in each year, in coin, as aforesaid. Such payments, both…
1Opinion of the CourtSmith, J.
By the terms of the mortgage executed by the plaintiff’s vendor, he agreed “ to pay the sum of one thousand four hundred dollars in gold or silver coin, lawful monéy of the United States.”
What did the parties to the mortgage intend by the words, “ gold or silver coin, lawful money,” &c. %
The counsel for the defendant claims, in his printed argument submitted to the court, that the “ promised coin is not currency, but is a commodity, and is so treated by the contracting party; ” and that “ damages for the' non-delivery of such commodity are to be measured, not by the number of coins promised,…
2Cases cited2 opinions
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
3Cited by17 opinions
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
- Mead v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1914
- Taylor v. KetchumThe Superior Court of New York City · 1867
- Jones v. SmithNew York Supreme Court · 1867
- Bank of Commonwealth v. Van VleckNew York Supreme Court · 1867
12 more not listed; retrieve them via the Exa API.