Fry v. Dudley & Nelson
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Leaumont, J. * * * The only question presented for the consideration of the Court in this case is: Is the defence set up, that Confederate currency was the consideration given for the obligation sued on sufficient? The defence is not sufficient, and cannot be maintained.
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APPEAL from the Fifth District Court of New Orleans, Leaumont, J. * * * The only question presented for the consideration of the Court in this case is: Is the defence set up, that Confederate currency was the consideration given for the obligation sued on sufficient? The defence is not sufficient, and cannot be maintained. The letter of plaintiff, addressed to the defendants, dated 19th January, 1862, in which the two drafts or checks for $1,000 and $500 were inclosed, contain no instructions, and is silent as to the kind of money in which the drafts were to he paid; and although offered in…
1Opinion of the Court
Idsi/ey, J.
On the 29th January, 1862, the plaintiff, by letter, translitted to the defendants twq drafts; one for one thousand dollars and íe other for five hundred dollars, both drawn on the 14th of the same tonth by the Branch of the Planters’ Bank of Tennessee, at Clarkesville, n the Union Bank of New Orleans, with instructions to place them to is credit. Those drafts, upon their face, are payable “in currency."
On the 12th February, 1862, the defendants addressed and forwarded > the plaintiff the following letter:
“A. J. Fbv, Esq., Seguin Texas.
Bear Sh — Your favor of the 29th ult. is…
2Cases cited2 opinions
- Passano v. AcostaSupreme Court of Louisiana · 1832
- Draper v. TerrellSupreme Court of Louisiana · 1837