Shotwell's Executors v. Dennman
Supreme Court of New Jersey
In error from the Court of Common Pleas of Essex county. This was an action of debt on a bond. The defendant pleaded payment, and gave plaintiffs notice that he would prove a tender in continental bills. On the trial he proved. that between the 20th'of September, 1776, and the 3d of October, 1779, he had made a tender in continental bills.
Read the full summary
In error from the Court of Common Pleas of Essex county. This was an action of debt on a bond. The defendant pleaded payment, and gave plaintiffs notice that he would prove a tender in continental bills. On the trial he proved. that between the 20th'of September, 1776, and the 3d of October, 1779, he had made a tender in continental bills. The court charged the jury that it was not necessary to prove the bills to have been emitted prior to the 20th September, 1776; to which opinion a bill of exceptions was taken, and the question before this court on the writ of error was, whether this…
1Opinion of the CourtKinsey, C. J.
On the trial of.this cause the defendant proved that in the month of June, 1777, he tendered to the plaintiffs’ testator ninety-five dollars in continental money, who refused it, say*203ing that it was not made to pay debts but to support war, and he would rather lose his debt than receive it in payment. On this evidence, after reading the act of September 20th, 1776, (a) the defendant rested.
The counsel for the plaintiffs insisted it was not a legal tender, unless the defendant further showed that the bills were emitted prior to the passing of this act, as, under that, bills then emitted were…
2Cases cited2 opinions
- McMillan v. MauWashington Supreme Court · 1890
- Johnson v. HockerSupreme Court of the United States · 1789