Kimpton v. Bronson
New York Supreme Court
THIS action was brought to procure the satisfaction of a mortgage executed by the plaintiff together with his wife, and delivered to the defendant.
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THIS action was brought to procure the satisfaction of a mortgage executed by the plaintiff together with his wife, and delivered to the defendant. The mortgage, and the bond accompanying it, were given to secure the payment of $1800, “in gold or silver coin, lawful money of the United States of America,” on the 1st day of July, 1864, with semiannual interest thereon, from the 14th of May, 1859, which was the day of their date, according to the terms of ten promissory notes given for such interest in coin as aforesaid. The bond and mortgage were conditioned, that if the plaintiff should pay…
1Opinion of the CourtDaniels, J.
The different acts of congress under which the treasury notes were issued which the plaintiff deposited to the defendants’ credit for the purpose of paying and discharging the mortgage debt due to him, declare that such notes “shall be lawful money and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports, and interest on the public debt.” (U. S. Stat. at Large, vol. 12, 345, § 1; 532, § 1; 710, § 3.) Each .act in this respect is substantially a counterpart of the others. Since the organization -of the general government, congress…
2Cases cited5 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Kellogg v. SchuylerNew York Supreme Court · 1846
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Brooks v. HubbardSupreme Court of Connecticut · 1819
- Faw v. MarstellerSupreme Court of the United States · 1804
3Cited by12 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
- Moran v. ClarkWest Virginia Supreme Court · 1887
- In re AdamsNew York Court of Common Pleas · 1884
- Harris v. LarsenUtah Supreme Court · 1901
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