Johnson v. . Miller
Supreme Court of North Carolina
Contract — Confederate Currency. Civil ActioN, tried at Spring Term, 1876, of Yadkin Superior Court, before Glond, J. This action was commenced in a Justice’s Court and was founded upon an instrument of writing of which the following is a copy: “Twelve months after date, we, or either of us promise to pay Samuel Johnson the sum of one hundred and ninety-nine dollars and fifty-two cents, in the common currency of •the country, that which will pay tax, for value received of…
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Contract — Confederate Currency. Civil ActioN, tried at Spring Term, 1876, of Yadkin Superior Court, before Glond, J. This action was commenced in a Justice’s Court and was founded upon an instrument of writing of which the following is a copy: “Twelve months after date, we, or either of us promise to pay Samuel Johnson the sum of one hundred and ninety-nine dollars and fifty-two cents, in the common currency of •the country, that which will pay tax, for value received of him. Witness our hands and seals. R. M. Allison. [$mi.] P. A. Miller. [A'eai.] Witness: H. G-. Hampton. February 4th,…
1Opinion of the Court
RodmaN, J,
When during the recent war a note ivas given for payment of a certain number of dollars, generally without specifying what sort of dollars, it contained a latent ambiguity from the fact of there -being several sorts of dollars either actually in use at the time and place of contract or possibly in' the contemplation of the parties.
Hence on the principles of the common law, parol evidence ■was held admissible to explain, by the circumstances attending the contract, what sort of dollars the parties had in contemplation. Thorington v. Smith, 8 Wall. 1.
The Act of 1866 made a presumption…
2Cases cited7 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- J. C. Terrell v. . J. D. WalkerSupreme Court of North Carolina · 1872
- McKesson and Hunt v. . Jones, Mendenhall and CarterSupreme Court of North Carolina · 1872
- Howard v. . BeattySupreme Court of North Carolina · 1870
- Cherry v. . SavageSupreme Court of North Carolina · 1870
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