Legal Opinion

Bowers v. . Strudwick

Supreme Court of North Carolina

Decided June 5, 1864PublishedCited by 1 opinion

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

  1. Witherspoon v. . CarmichaelSupreme Court of North Carolina · 1848

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