Smith v. Falwell
Texas Supreme Court
Appeal from Rusk. Tried below before Hon. C. A. Frazer. This was a petition for a certiorari, from the judgment of the District Court dismissing which, an appeal is taken. The proper construction of the note set out in the Opinion, being the only question in the case,' it is not deemed necessary to give the facts of the case.
1Opinion of the Court
Hemphill, Ch. J.
The note in this suit is as follows :
$65 00. Nine months after date, for value received, we, or either of us, promise to pay Jesse A. Forrest, or bearer, sixty-five dollars, to be discharged in other good cash notes ; this 10th December, 1855.
(Signed,) H. C. Smith,
W. D. Elliot.
Is this a contract to pay sixty-five dollars in specie, or that sum in numero in cash notes ?
That a note for a certain sum, payable in cash notes, bank notes, or any other currency, when such currency is greatly depreciated below its nominal value, is a different contract from a note for the same amount…
2Cited by2 opinions
- Bummel v. Mayor, Aldermen & Inhabitants of HoustonTexas Supreme Court · 1887
- Armstrong v. WilloughbyCourt of Appeals of Texas · 1923