High v. McHugh
Supreme Court of Georgia
¡Scaling Ordinance. Motion for new trial. Decided by Judge Eobinsoh. Morgan Superior Court. September Term, 1868. Pligh sued McHugh upon a promissory note for $1093 95, dated 3d of March, 1863, and due the 25th of December then next.
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¡Scaling Ordinance. Motion for new trial. Decided by Judge Eobinsoh. Morgan Superior Court. September Term, 1868. Pligh sued McHugh upon a promissory note for $1093 95, dated 3d of March, 1863, and due the 25th of December then next. McHugh plead that the note was given for land, that it was to have been discharged in Confederate currency, that when the note fell due, he tendered High’s agent such currency in payment, and it was refused, and that he kept the same till it was worthless. The trial resulted in a verdict for High for $109 39 in gold, (without interest,) or its equivalent in…
1Opinion of the CourtBrown, C. J.
1. This contract was made between the first June, 3861, and the first June, 1865, and is, therefore, embraced in the provisions of the Scaling Ordinance, passed by the Convention of 1865. That Ordinance authorizes the parties to give in evidence to the jury on the trial, the consideration of the contract, and the value thereof, at any time, and the intention of the parties as to the particular currency in which payment was to be made, and the value of such currency at any time, and leaves the jury to find a verdict, and makes it the duty of the Court to render a judgment, “on principles of…
2Cases cited6 opinions
- Doster v. BrownSupreme Court of Georgia · 1858
- Taylor v. FlintSupreme Court of Georgia · 1866
- Oliver v. ColemanSupreme Court of Georgia · 1867
- Field v. LeakSupreme Court of Georgia · 1867
- Cherry v. WalkerSupreme Court of Georgia · 1867
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