Kirtland v. Molton
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. In this case, three separate actions were brought by Charles H. Molton, against Sidney Kirtland ; all being commenced on the 16th January, 1866, and each being founded on a promissory note.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. In this case, three separate actions were brought by Charles H. Molton, against Sidney Kirtland ; all being commenced on the 16th January, 1866, and each being founded on a promissory note. Each of the notes was executed by the defendant, dated the 8th December, 1864, and payable to 0. H. Molton or order; one being for seven thousand, four hundred and thirty-three dollars, payable sixty days after date, “ in currency, value received, with interestone for six thousand dollars, payable four months after date,…
1Opinion of the CourtA. J. Walker, C. J.
This action is founded upon three promissory notes, dated the 8th December, 1861; one payable in February, one in April, and the other in July, 1865. There was proof conducing to show, that it was understood and agreed between the parties that the notes should be discharged by a payment in Confederate currency. The material question presented in the case is, what is the measure of damages for the breach of the contract of payment of the respective notes, a part of which became due before the overthrow of the Confederate government in Alabama, when the Confederate currency was worth something,…
2Cases cited13 opinions
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- Smith v. DunlapIllinois Supreme Court · 1850
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
- Williams v. SimsSupreme Court of Alabama · 1853
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3Cited by2 opinions
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