Thorington v. Smith
Supreme Court of the United States
Appeal from the District Court for the Middle District of. Alabama, the case being this: In November, 1864, Thorington being the owner of a piece of land adjoining the city of Montgomery, Alabama, sold it ‡0 Smith and Hartley, all parties being’then resident of Montgomery. At the time of this sale the late rebellion was still in active operation and had been so for more than three years.
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Appeal from the District Court for the Middle District of. Alabama, the case being this: In November, 1864, Thorington being the owner of a piece of land adjoining the city of Montgomery, Alabama, sold it ‡0 Smith and Hartley, all parties being’then resident of Montgomery. At the time of this sale the late rebellion was still in active operation and had been so for more than three years. Alabama, or this part of it, was at the time in the occupation of the military and civil authorities of the. rebel States, and the Federal government exercised no authority there. There was no gojd or silver…
1Opinion of the Court
The CHIEF-JUSTICE
delivered the opinion of the court.
The questions before us upon this appeal are these:
(1.) Can a contract for the payment of Confederate notes, made during the late rebellion, between parties residing within the so-called Confederate States, be .enforced at all in the courts of the United States ?
(2.) Can evidence be received to prove that a promise expressed to be for the payment of dollars was, in fact, made for the payment of any other than lawful dollars of the United States?
(8.) Does the evidence in the record establish the fact that the note for ten thousand dollars was…
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