Spear v. Alexander
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before Hon. Wm. B. Wood. This action was brought by James W. Alexander, as the executor of John Oarlock, deceased, against John Spear, and others ;was commenced on the 20th day of August,1867, and was founded upon a promissory note made by the defendants, a copy of which is as follows: “ $2,195 60. Twelve months after date, we or either of us promise to pay J. W. Alexander, executor of John Carlock, deceased, two thousand one…
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Appeal from the Circuit Court of Colbert. Tried before Hon. Wm. B. Wood. This action was brought by James W. Alexander, as the executor of John Oarlock, deceased, against John Spear, and others ;was commenced on the 20th day of August,1867, and was founded upon a promissory note made by the defendants, a copy of which is as follows: “ $2,195 60. Twelve months after date, we or either of us promise to pay J. W. Alexander, executor of John Carlock, deceased, two thousand one hundred and ninety-five dollars and sixty cents, in gold, it being the remainder of the purchase-money of the landed…
1Opinion of the CourtA. J. Walker, C. J.
The act of congress, known as the legal tender act, declares that the treasury-notes issued under that act shall “ be lawful money, and a legal-tender in the payment of all debts, public and private, within the United States, except duties on imports and interest” due the United States. — 2 Brighfiy’s Digest, 108. The contract in this case, made since the adoption of the legal-tender act, is for the payment of a specified number of dollars and cents, “ in gold.” This, therefore, is a contract for the pay*574ment of a specified sum of money in gold, according to the mode of designation prescribed…
2Cases cited2 opinions
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Hintrager v. BatesSupreme Court of Iowa · 1864