Parks v. Marshall

Suit on the folio wing note: “$400. Twelve months after date, I promise to pay John M. Wallace'four hundred dollars, in M. & M. V. Railroad scrip, without any relief from valuation or appraisement laws*” (Signed by the defendant, Marshall.) The note was assigned by Wallace to Brownlee, and by Brownlee to Parks.

There was a jury trial — verdict and judgment for the plaintiff for 249 dollars. Parks moved for a new trial, and appeals.

The measure of damages upon this note, is the only question in the case.

The Court instructed the jury that the value of the scrip at the time the note became due,…