Bank of Commonwealth v. Van Vleck
New York Supreme Court
THIS action was brought to recover damages for a breach of contract. The complaint alleged, 1. That the plaintiff at the several times hereinafter stated was, and ever since has been, and still is a body corporate, created by and under. the laws of the state of New York ; duly organized, pursuant to an act of the legislature, entitled “An act to authorize the business of banking,” passed April 18th, 1838, and the acts amending the same, having their banking, house and place…
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THIS action was brought to recover damages for a breach of contract. The complaint alleged, 1. That the plaintiff at the several times hereinafter stated was, and ever since has been, and still is a body corporate, created by and under. the laws of the state of New York ; duly organized, pursuant to an act of the legislature, entitled “An act to authorize the business of banking,” passed April 18th, 1838, and the acts amending the same, having their banking, house and place of business in the city of New York. That on the 1st' day of September, 1862, at the city of New York, the defendants…
1Opinion of the CourtClerke, J.
The judge, at special term, has found, as a matter of fact, that the plaintiffs loaned to the defendants *520ten thousand dollars in gold; that the defendants agreed to repay this loan in gold; and .that they have repeatedly since the loan promised to return gold to that amount, but that they .have never done so.
Does the act of congress, commonly called the legal tender act, apply to this transaction ?
In Rodes v, Bronson, (34 N. Y. Rep. 649,) it was held that an obligation contained in a mortgage, executed the 16th of December, 1851, that the mortgagors would pay $1400, on the 1st of-January,…
2Cases cited1 opinion
- Rodes v. . BronsonNew York Court of Appeals · 1866
3Cited by1 opinion
- Bank of Prince Edward's Island v. TrumbullNew York Supreme Court · 1868