Curiac v. Abadie

By the Court, Currey, J.

This action was brought to recover the amount due from the defendants to the plaintiff upon a promissory note dated in October, 1862, with interest thereon. The-plaintiff alleged in his complaint that the consideration of the note was gold *503coin of the United States. The prayer of the complaint was for judgment in the amount due on the note and for the costs of the suit, and for such other and further relief as the nature of the case demanded.

The defendants answered alleging that when the note became due they tendered to the plaintiff the amount due thereon in United…