Bowers v. . Strudwick
Supreme Court of North Carolina
1Opinion of the Court
The first exception of the defendant is allowed.
A debtor cannot, with a good conscience, offer to pay in depreciated notes a debt contracted while the currency was at par, and a creditor is not obliged to receive depreciated notes in payment of his debt. Dr. Strudwick had a right to demand gold and silver, or par funds, in payment of his debt; and if the debt was to be in negroes, it follows as a matter of course that the negroes were to be rated at specie value; otherwise the debtor would be doing indirectly what could not be done directly.
According to the practice in England, a debtor who…
2Cited by1 opinion
- Witherspoon v. . CarmichaelSupreme Court of North Carolina · 1848