Mitchell v. . Henderson and Another
Supreme Court of North Carolina
Assumpsit, tried before Gilley, J., at Caswell, Spring Term 1868. The plaintiff declared upon a note for $107, payable “ in gold, or its equivalent in the currency of the country;” and requested the Judge to instiuct the jury that he was entitled to collect in dollars and cents as much as the sum called for in gold, was worth at the time the note became due, (January 1st 1867.) The Court declined so to do, and instructed the jury that the measure of damages was $107 with…
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Assumpsit, tried before Gilley, J., at Caswell, Spring Term 1868. The plaintiff declared upon a note for $107, payable “ in gold, or its equivalent in the currency of the country;” and requested the Judge to instiuct the jury that he was entitled to collect in dollars and cents as much as the sum called for in gold, was worth at the time the note became due, (January 1st 1867.) The Court declined so to do, and instructed the jury that the measure of damages was $107 with interest, &c., from ■January 1st, 1869. Yerdict accordingly; Rule, &c.; Judgment, and Appeal.
1Opinion of the CourtDiok, J.
The principle involved in this case, was fully •considered, and decided at the last term of this Court; Gibson v. Groner, ante 10.
As the distinctions between the common law forms of action •ex contractu are now abolished, (Const. Art. IY, Sec. 1,) and the remedy for the enforcement of all kinds of contracts, is a civil action,” there ought to be an uniformity as to the currency in which judgments are to be entered.
Both in England and in this' country the currency and the method of counting it, are established by law, and all legal proceedings are to be kept in conformity to such regulations.…
2Cited by5 opinions
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