New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-10
Opinion CT Judge RalcoIs.
COURT OF APPTALS-ALBisr.-OcT. l.
L.wis H. Meyer sppesui a., Jano' j. Roosevelt resp
a.ut

Lswi' II Meyer 'ppelsu;. az, Jano' Roosevelt re'Poa
dent.
Tie act Congress approved February 2: 1862 entitled
An authorize tie !ssus Of United sise. notes. End or
f ding the Ing debt OF the United states CONSTITUTIONS
- The note. Of the United s'.c, s,ued pu'lsnes 4
his valid lcsa tender III payment O it'se deb.'
E, well a. public ceits.
- said uo.. are rood eg,l tender payment q bond
and mortgage given for loan Of in0y IN gold coin o. ts
equivalent which became due rror 70 The passage Of tho ao'o
- msjori,y ofthe Court OF the ollnon ii.
conferred uyOp CCDge 20 borrow money On the cf c o the
CIii,d sia,.. aulAoiizod ths pa.sse- Of sold set'
This case was agreed upon aud submitted To the
General Term of,he suGems cogr, IN The Fret D,iiet ia
had otgaiee himself 10 pey aud which became due m Az
gust ltS' They were gwen 70 secure We o.
loan q e 90 made b the d'isndau IN gold or 4. equivalent
In June 1902 tho plaintiff ds.rng py and asoiars 10
mor,gsgs, rendered to The defendant soIO Doing he iu
amour, Of pfncp and iueie due On ne .se ~ note,
ieb ~ W. emitted IN he 10 ttho1s tns l,,lt 81 Ch
led states noies and for the rodcmpol and funding thereof
and for fundi the floating debt OF ths United siaes
and claimed that the repayment should be mode IN gold coin 81
made But he received the notes condroualy, under m
ag,oeen, with the plaintiff that tie question, whether snid
interest ,hould be subned 70 the Couni AID II nc Court
decide t- siG noie were legal tender snd dehTge
mp said oond and mortgage and scknp"ede ss'1'i. Ton
thereof aud discge The ssne Of Iecoid ut we ,os'
should dscd. oiLer~se the puij shonid TO the de
fndlut h. futile. sn Of 26 70, with interest from tho
ll,h day Of June 1852 to cnte bin 70 To bond ana mon
ho Supreme ,our he'd that The United httes mole. we've
not egs tender in gaynen, o. ,3 moigags de snd ne,
the plaintiff must pay the defendant the irhsi cum OF
q 10 10 ard interest nom the lh day Of June luz snd
gave judgment accordingly IN favor OF Vie desndan Inc
plaintiff appcsloo from the judgment Of tnis Cont
H. RoclkeI ind Wlsp LuIts hoyes iof appoan' ooois'
q. Curtis for IcsloIGcnt
BALLOON The bond and mortgage which the plhin'h
offered 10 pay tho defendant in notes OF Ito Uned sta
we've given the repayment oe loan OF sB" mhd'
in god or equivalent In 1851. Tho borrower to pay
the interest tlcieon sem annually md te frncpaln August
1854 The plsniiG obligated insef 10 pay tho bond and
mortgage and the question ia the case s Nehef hc c0nu
dcIgs the BY tades 81 Ills amount duo thereon AZ
notes Of the United states -,
Tc notes tend, red were i,sued rnier end by virtue OF tr
act Of Congress approved February 23 1862 which authorized
The Secretary Of the Treasury 81 tie United tlt1 70 isn-
ON The United Staie 10 900 900 Of United states
notes oeang ines payable 10 tho bearer Mt tie ifn'
ury Of the United sites IA denominations not less nn p0
and line eel declares that suc noes shall be- in"i money
and legal tender IN payment Of oil debts public and pivhe
United States" except drcs inpofts onu n'
ter,.t ON certain bonds Of the United states.
The principal point made by the defendants counsel H. va,
Coues,s bad sutloiiy 10 pass this act and tho principal
ors,ons In the whether Compress bus power 70
ANYTHING but gold and silver coin tender In payment OF
db or TO pass any law mpsrns the bghion Of contracts
agree that Copfress doos not pososs t power u 10 not
nop II BY the CoDstton OF the United btnes Tor
Lnty.T power VI sutbouty II Las granted " W tn' III
r" .,uon expressly coners power upon Congress 70
yda for tie cOrAnOn de'cne on g'tn. WIN % W.
United siaics" Ito borrow none, on 'he cream :" vac o.I