Warnibold v. Schlicting
Supreme Court of Iowa
Appeal from Scott District Court. In this case it appears, from the agreed statement of facts, that on the 29th of October, 1860, respondent loaned to complainant $700; that the money consisted of American gold; that on the same day complainant executed his note, due one year after date, payable in “U. S. gold;” and that on the 16th of November, 1863, he tendered the full amount due on said note, in “ United States legal tender treasury notes, issued under the act of…
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Appeal from Scott District Court. In this case it appears, from the agreed statement of facts, that on the 29th of October, 1860, respondent loaned to complainant $700; that the money consisted of American gold; that on the same day complainant executed his note, due one year after date, payable in “U. S. gold;” and that on the 16th of November, 1863, he tendered the full amount due on said note, in “ United States legal tender treasury notes, issued under the act of Congress of February 25th, 1862.” Respondent refused to receive the same, and thereupon complainant, keeping his tender good,…
1Opinion of the CourtWright, C. J.
Appellant states the legal proposition involved in this case thus: “ Can the plaintiff to whom the defendant loaned $700 in gold, U. S. coin, pay that loan back in U. S. treasury notes, though he promised to repay the loan in coin?” In its discussion the constitutional validity of the act of February 25th, 1862, “An act to authorize the issue of United States Notes,” (ch. 33, p. 23, Laws 87th Congress, 2d session), is not denied. We are therefore to treat the law as having full force and validity. Conceding this, appellant contends that the act “ has not abolished the general principle of…
2Cited by8 opinions
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- Wilson v. MorganThe Superior Court of New York City · 1866
- Hintrager v. BatesSupreme Court of Iowa · 1864
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