Dowd v. N. C. Railroad
Supreme Court of North Carolina
Civil actioN, to recover of defendants certain notes, tried at the July (Special) Term, 1873, of the Superior Court of Meck-lenburg, before bis Honor, Judge Moore.
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Civil actioN, to recover of defendants certain notes, tried at the July (Special) Term, 1873, of the Superior Court of Meck-lenburg, before bis Honor, Judge Moore. The following is one of the notes, (the other being similar,) upon which this action is founded: “No. 23. Office of the N. 0. Bailkoad Company, OompaNY' Shops, January, 1st, 1865. On the first day of January, 1866, the North Carolina Bail-road Company promises to pay to Dr. B. C. Jenkins, or order, three thousand six hundred dollars, for hire of the following hands, to wit: Stout, Jerry, John and Horace, for the year 1865 ; and the…
1Opinion of the CourtBeade, J.
If Confederate money had been in existence as a circulating medium 1st of January, 1866, when the note matured, the defendant had the privilege of paying it off in that currency, by the very terms of the note itself.
As there ivas no such currency' when the note matured, if the consideration had been Confederate money loaned, then the plaintiff would have been entitled to recover the value of the Confederate money at the date of the contract, viz: at the date of the note. As the consideration was not Confederate money, but was for the hire of slaves for the year 1865, viz: a thing or property,…
2Cases cited1 opinion
- Alexander v. Commissioners of McDowellSupreme Court of North Carolina · 1872