Rives v. Duke
Supreme Court of the United States
Ekkok to the Circuit Court of the United States for the Western District of Virginia, This was an action of covenant, brought by the executor of the will, and prosecuted by the administrator de bonis non of George Rives, against Duke,, the administrator of the estate of William P. Parish, a surety on two bonds. ■ The declaration alleged that on the 5th .of December, 1863, in the county of Albemarle and State of Virginia, George Rives and George L. Peyton executed…
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Ekkok to the Circuit Court of the United States for the Western District of Virginia, This was an action of covenant, brought by the executor of the will, and prosecuted by the administrator de bonis non of George Rives, against Duke,, the administrator of the estate of William P. Parish, a surety on two bonds. ■ The declaration alleged that on the 5th .of December, 1863, in the county of Albemarle and State of Virginia, George Rives and George L. Peyton executed an'ágréement under seal, which began with a'“list of servants sold to George.L. Peyton” (giving the names and ages-of thirty-three…
1Opinion of the Court
Mk. Justice Guay
delivered the opinion of the court.
It is settled by the decisions .of this court that a contract, made within the so-called Confederate States during the war of the rebellion, to pay a certain sum in dollars, without specifying the kind of currency in which ’it was to be paid, may be shown, by the nature of the transaction and the attendant circumstances, as well as by the language of the contract itself, to have contemplated payment in Confederate currency; and that if that fact is shown, in an action upon the contract, no more can be recovered than the value of that currency…
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