Legal Opinion

Dillard v. Evans

Supreme Court of Arkansas

Decided January 15, 1842PublishedCited by 4 opinions

This was an action of debt, tried in Washington Circuit Court, in November* A. D. 1841* before the Hon. Joseph M. Hoge? one of the Circuit Judges. John Dillard sued Lewis Evans, in debt, on. a note, executed March 17, 1840, and payable in “ common currency of Am kansasP.

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This was an action of debt, tried in Washington Circuit Court, in November* A. D. 1841* before the Hon. Joseph M. Hoge? one of the Circuit Judges. John Dillard sued Lewis Evans, in debt, on. a note, executed March 17, 1840, and payable in “ common currency of Am kansasP. The defendant demurred, on the ground that the plaintiff had mistaken liis remedy, and the demurrer was sustained, and judgment entered against the plaintiff, who appealed to this Court» The instrument declared on, is a money contract; and-, therefore, the action is well brought, in debt. According to the intention of the…

1Opinion of the Court

Bp the Court,

Lacy, J.

The instrument bears dale on the 11th day of March, A. D. 1840, and, at that period of time, bank paper constituted the common medium of exchange or ordinary circulation for money. Bank issues are not, in the constitutional sense of the term, lawful money or legal coin. Gold and silver alone are a legal tender in payment of debts; and the only true constitutional currency known to the laws. And, had specie or current coin been the common circulating medium at the date of the note sued on, then the terms of the contract would have been restricted exclusively to that…

2Cases cited2 opinions

  1. Chambers v. GeorgeCourt of Appeals of Kentucky · 1824
  2. Stucker's Administrators v. MillerCourt of Appeals of Kentucky · 1824

3Cited by4 opinions

  1. Hudspeth v. Gray, Durrive & Co.Supreme Court of Arkansas · 1843
  2. Wallace v. HenrySupreme Court of Arkansas · 1843
  3. Sims v. WhitlockSupreme Court of Arkansas · 1843
  4. Gregory v. BewlySupreme Court of Arkansas · 1844

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