Legal Opinion

Hague v. Powers

New York Supreme Court

Decided April 4, 1863PublishedCited by 2 opinions

THIS was a controversy submitted to the court by the parties, under section 372 of the code of procedure. The facts agreed upon are these: The defendant is a banker, in the city of Rochester, and as such was indebted to the plaintiff in the sum of $130, for so much lawful money of the United States, deposited with him prior to February, 1862, payable; upon demand.

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THIS was a controversy submitted to the court by the parties, under section 372 of the code of procedure. The facts agreed upon are these: The defendant is a banker, in the city of Rochester, and as such was indebted to the plaintiff in the sum of $130, for so much lawful money of the United States, deposited with him prior to February, 1862, payable; upon demand. The plaintiff heretofore and since the 25th day of February, 1862, duly demanded of the defendant payment of said debt. The defendant then and there tendered to the plaintiff thirteen certain United States treasury notes, known as…

1Opinion of the CourtE. Darwin Smith, P. J.

The question presented for our decision in this case is, whether the act of congress, passed February 25, 1862, authorizing the issue of treasury notes to the amount of $150,000,000, and declaring that such notes “ shall be lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest on bonds and notes of the United States,” is a constitutional and valid law. The whole provision, is as follows :

“ That the secretary of the treasury is hereby authorized to issue, on the credit of the United States, one hundred and…

2Cases cited4 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Martin v. MottSupreme Court of the United States · 1827
  3. Clarke v. City of RochersterNew York Supreme Court · 1857
  4. Thorndike v. United StatesU.S. Circuit Court for the District of Massachusetts · 1819

3Cited by2 opinions

  1. Lewis v. Charles DeKay TownsendNew York Supreme Court · 1913
  2. Edye v. RobertsonU.S. Circuit Court for the District of Eastern New York · 1883

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