Thayer v. Hedges

This suit was instituted upon a promissory note of the following tenor:

“$500. ■ March 26,1862.

“Eour months after date we promise to pay to Oel Thayer, or order, 500 dollars in gold, value received, without any relief whatever from valuation or appraisement laws.

“John W. Hedges, Martin C. Kleiger.”

The plaintiff prayed for a special judgment for the gold or its equivalent.

The defendant answered, alleging a tender of the amount due, before suit commenced, &e., in legal tender treasury notes, at their face.

A demurrer was overruled to this answer.

*284The plaintiff then replied, showing the…