Hanauer & Co. v. Gray

Tlio appellee brought an action of assumpsit against the appellants, in the circuit court of Randolph county, upon a promissory note, payable in Confederate bonds or Tennessee money, dated January, 26,1862, due at date.

Defendants, L. Hanauer & Co., filed a demurrer, which was overruled; they then plead non-assumpsit and illegality of consideration. Plaintiff replied in short, Upon the record. The cause was submitted to the court, sitting as a jury, who declared the law to be, that “the note being the only evidence, and promise to pay in one of two articles, although one be illegal, the court…