Opinion · Supreme Court of North Carolina

Howard v. . Beatty

Howard v. . Beatty, 64 N.C. 559 (N.C. 1870)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1870-06-05
Topic
general

Settle, J. The bond upon which this action was brought, was executed on the third day of April 1865, flagrante hello, and is, therefore, embraced by the legislation which declares, that the presumption shall be that money contracts of that date are solvable in Confederate money. But it is contended that no such presumption can arise in this case, because the parties fixed, in the bond, the currency in which it was to be discharged, to-wit: “ current money.” Suppose the promise had been, to pay five hundred and thirteen dollars in currency, leaving out the word money. *561 We think that it would clearly have come within the spirit of those remedial enactments. If it had been, to pay five hundred and thirteen dollars 'in money, then it would have fallen within both the letter and spirit. How can the coupling of the two words make a difference ?

Citator

UpLaw has not yet analyzed Howard v. . Beatty. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions