Trebilcock v. Wilson
Supreme Court of the United States
Error to the Supreme Court of the State of Iowa; the case being thus: In June, 1861, Wilson gave to Trebilcock his promissory note for nine hundred dollars, due one year after date with ten per cent, interest, payable in specie; and, at the same time, to secure its payment, he and his wife executed and delivered to Trebilcock a mortgage, duly recorded, upon certain real property in Iowa.
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Error to the Supreme Court of the State of Iowa; the case being thus: In June, 1861, Wilson gave to Trebilcock his promissory note for nine hundred dollars, due one year after date with ten per cent, interest, payable in specie; and, at the same time, to secure its payment, he and his wife executed and delivered to Trebilcock a mortgage, duly recorded, upon certain real property in Iowa. In February, 1863, Wilson .offered to pay the amount due on the note, principal and interest, and for that purpose tendered to Trebilcock such amount in United States notes, declared by the act of Congress of…
1Opinion of the CourtJustice Field
The principal question presented in this case for our con*692sideration is, whether a promissory note of an individual, payable’by its.terms in specie, can be satisfied, against the will of the holder, by the tender of notes of the United States declared by the act of Congress of February 25th, 1862, to be a legal tender in payment of debts.
- There is, however, a preliminary question of jurisdiction raised; which must be first disposed of. The State court, in holding the tender legal and sufficient, sustained the validity and constitutionality of the act of Congress declaring the notes a legal…
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