Legal Opinion

Wells, Fargo & Co. v. Van Sickle

Nevada Supreme Court

Decided April 15, 1870PublishedCited by 1 opinion

Appeal from tbe District Court of tbe Second Judical District, Douglas County. The facts are fully set forth in the opinion. I. Gold coin and legal tender paper currency are equivalent or equal in law. (Beatty v. Rhodes, 3 Nev. 240 ; Beese y. Steams, .'29 Cal. 273.) II. A contract to pay gold coin or its equivalent in paper currency cannot be enforced for gold.

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Appeal from tbe District Court of tbe Second Judical District, Douglas County. The facts are fully set forth in the opinion. I. Gold coin and legal tender paper currency are equivalent or equal in law. (Beatty v. Rhodes, 3 Nev. 240 ; Beese y. Steams, .'29 Cal. 273.) II. A contract to pay gold coin or its equivalent in paper currency cannot be enforced for gold. (Beese v. Steams, 29 Cal. 273.) I. The fact that United States legal tender notes have always been and are now at a discount as compared with coin, is notorious, and this and all other Courts should take judicial notice thereof, or at…

1Opinion of the Court

By the Court,

WHITMAN, J.:

This action was brought upon the following writing:

“ $1,500.00. G-enoa, August 4th, 1868.
“ Ninety days after date, without grace, I promise to pay to the order of J. & J. Spruance, fifteen hundred dollars in gold coin, or its equivalent in United States legal tender notes, for value received, at — per cent, per month interest until paid.

H. Van Sickle.”

Upon this contract, judgment was rendered on issue joined, for its amount in gold coin. This specification of currency is assigned as error, and this appeal is based solely on that ground. Among the numerous questions…

2Cases cited2 opinions

  1. Lane v. GluckaufCalifornia Supreme Court · 1865
  2. Reese v. StearnsCalifornia Supreme Court · 1865

3Cited by1 opinion

  1. Knox v. GerhauserMontana Supreme Court · 1878

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