Calfee v. Burgess
West Virginia Supreme Court
Daniel Shumate gave his bond, under seal, for 706 dollars and 15 cents, to Hiram A. Burgess, dated October 29th, 1862. The consideration was stated to be for “money loaned.” Shumate died and James Calfee qualified as his administrator. Burgess brought suit in Baleigh county in 1866,,against the administrator, to recover the amount of the bond.
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Daniel Shumate gave his bond, under seal, for 706 dollars and 15 cents, to Hiram A. Burgess, dated October 29th, 1862. The consideration was stated to be for “money loaned.” Shumate died and James Calfee qualified as his administrator. Burgess brought suit in Baleigh county in 1866,,against the administrator, to recover the amount of the bond. The defendant, by special plea, sworn to, set up for defense that the consideration was Confederate treasury jiotes, and therefore illegal. To this the plaintiff replied Specially that the defendant’s intestate said, in the -writing obligatory, that the…
1Opinion of the Court
Brown, President.
This is an action of debt on a note under seal, the consideration of which is stated on its face to be borrowed money.
The defence was, by special plea, sworn to, that the consideration was Confederate treasury notes, illegally issued by the so-called Confederacy for the purpose of carrying on, aiding and abetting in the late rebellion against- the United States.
The replication was that the obligor in said note says “that the consideration thereof was loaned money, and that the defendant is estopped from asserting any other consideration.”
To this replication the plaintiff…
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