Fultz v. Davis
Supreme Court of Virginia
This case was argued in Staunton, but decided in Richmond. It was a suit in the Circuit court of Helson county, brought in June 1873, by Robert C. Davis to enjoin the sale of a tract of land under a deed of tru3t executed on the 18th of April 1862, by the plaintiff to Wm. A. Burnett, in trust to secure a debt of $7,000, due to David Fultz. The bill charged that the debt was a loan of Confederate money; and insisted it should be scaled.
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This case was argued in Staunton, but decided in Richmond. It was a suit in the Circuit court of Helson county, brought in June 1873, by Robert C. Davis to enjoin the sale of a tract of land under a deed of tru3t executed on the 18th of April 1862, by the plaintiff to Wm. A. Burnett, in trust to secure a debt of $7,000, due to David Fultz. The bill charged that the debt was a loan of Confederate money; and insisted it should be scaled. Fultz in his answer denied that it was a loan of Confederate money, and insisted that the face of the bond showed that it was to be paid in “ current money of…
1Opinion of the Court
Staples J.
delivered the opinion of the court.
This contract was entered into with reference to Confederate treasury notes as a standard of value. This, if not conceded by the parties, is clearly established by the evidence. The debt must therefore be scaled, unless it is made to appear, that according to the true understanding and agreement of the parties, it was to be discharged in a currency not liable to the scale of depreciation. The appellant relies upon the bond to show that the debtor agreed to pay in a sound currency. The promise is to pay “six years after date in current money of…
2Cases cited1 opinion
- Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
3Cited by13 opinions
- Hurst's Adm'r v. HiteWest Virginia Supreme Court · 1882
- Craig v. McCullochWest Virginia Supreme Court · 1882
- Pairo v. BethellSupreme Court of Virginia · 1881
- New York Life Insurance v. KennedySupreme Court of Virginia · 1926
- Jarrett's Admrs. v. NickellWest Virginia Supreme Court · 1876
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