Williams v. Arnis
Texas Supreme Court
Error from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. This was a suit instituted by Henrietta Arnis, defendant in error, against Williams & Meadow, plaintiffs in error, 26th February, 1866, on a promissory note, as follows: “ $700. Twelve months after date, I promise to pay Mrs. Henrietta Arnis or bearer seven hundred dollars, for .the hire of three negroes, Ben, Charles, and Eliza, to be paid in current funds, with eight per cent,…
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Error from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. This was a suit instituted by Henrietta Arnis, defendant in error, against Williams & Meadow, plaintiffs in error, 26th February, 1866, on a promissory note, as follows: “ $700. Twelve months after date, I promise to pay Mrs. Henrietta Arnis or bearer seven hundred dollars, for .the hire of three negroes, Ben, Charles, and Eliza, to be paid in current funds, with eight per cent, interest after maturity, if not punctually paid. P. Williams, “January 1,1865. H. J. Meadow.” To which defendants, on…
1Opinion of the CourtSmith, J.
We see no error in the action of the court sustaining the exceptions to the answer of the defendants of which they can complain.
The plaintiff below contends that the note in suit is payable in specie, with the alternative given the makers to pay it in “ current funds;” and, like an obligation payable in specific property, upon default of the maker, became an absolute demand for the amount named in the note, and cannot be satisfied with a less amount in specie. The rule, that an obligation dischargeable in specific property cannot he paid with less than the amount in specie or its equivalent…
2Cases cited5 opinions
- Randon v. TobySupreme Court of the United States · 1851
- Burnley v. Rice, Adams & Co.Texas Supreme Court · 1858
- King v. GrayTexas Supreme Court · 1856
- Roberts v. ShortTexas Supreme Court · 1846
- Farwell v. WhiteSupreme Court of Missouri · 1842
3Cited by5 opinions
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- Barreda v. Milmo Nat. BankCourt of Appeals of Texas · 1922
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