Walkup v. . Houston
Supreme Court of North Carolina
This was a civil action tried before Buxton, J., at Spring-Term, 1871, of Union Superior Court. The claim sued on was a sealed note payable to plaintiff in specie, and executed in January, 1867. Several payments were made on said note, and were endorsed as follows, to-wit: “ Received $247.20 in greenbacks February 24th, 1869.” “Received $588.20 in currency June 1st, 1869.” “Received July 6th, 1870, $71.56 in currency.” “ Received September 10th, 1870, $2.78 in currency.”
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This was a civil action tried before Buxton, J., at Spring-Term, 1871, of Union Superior Court. The claim sued on was a sealed note payable to plaintiff in specie, and executed in January, 1867. Several payments were made on said note, and were endorsed as follows, to-wit: “ Received $247.20 in greenbacks February 24th, 1869.” “Received $588.20 in currency June 1st, 1869.” “Received July 6th, 1870, $71.56 in currency.” “ Received September 10th, 1870, $2.78 in currency.” The only question submitted to his Honor was, how are payments in currency to be rated on a specie note ? The premium on…
1Opinion of the CourtDick, J.
The meaning of a contract is a question of law, which must be determined by the Court. In the construction of contracts, the first point is to ascertain what the parties themselves meant, but no construction ought to be adopted which will do violence to the rules of language, or to the rules of law. The parties to this contract agreed that it ivas to be .paid in sjpeoie. The meaning of this word is well understood to be metallic money issued by public authority, and it is generally used in contradistinction to paper money.
In this country there are two kinds of money established by law, i. e.,…
2Cases cited1 opinion
- Mitchell v. . Henderson and AnotherSupreme Court of North Carolina · 1869
3Cited by2 opinions
- Hittson v. DavenportSupreme Court of Colorado · 1878
- Duke v. . WilliamsSupreme Court of North Carolina · 1881