Gracy v. Potts

The complainant Gracy brought suit at law against Potts and his surety Scott, on a note for $2,400, executed September 26, 1862.

The note was payable, “in currency,” one day after date, and was given for $2,100 in Confederate money, and $300 in State bank notes.

*396Although the note was payable one day after date, it was agreed and understood that the money was to be paid after Potts’ return from Virginia. Accordingly, upon his return, he tendered $2,100 in Confederate-notes and interest, and $300 in State bank notes and interest, to Gracy, who refused to receive it, upon the ground that he was in…