Duerson v. Bellows

Debt upon a writing obligatory against Duerson and others, for the payment of 500 dollars, lawful money or good current paper, on or before the first of January, next ensuing the date of the obligation. Judgment for the plaintiff below by default.

It is contended by the plaintiffs in error, that covenant was the proper action, and that debt will not lie in a case like the present.

This contract being in the disjunctive, the obligors, as the first agents, had an election to discharge the obligation by paying the amount at the day when due, either in lawful money or good current paper, according…