The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-11-13
Important Decision by Judge Gsier Ia
Reference 10 Legal tences Notes and
Ground Rents.

[From the Philadelphia Agel
Ir The United States circu, Court. Judges Grier and
Csiwaeier opinion was Se!iyeroi 10 tie Of tho
Philadelphia and Reading Railroad Company vs Charles
Moulson ct al which was before tne court In the shape
OF bill In equity to compel tho defendant to accept in
exugush OF the principal Of certain ground rents,
to the Of three hundred thousand dolars the
legal tender notes Of the Uuitsd States The
argued few days ago. and the opn.ou By Judge Grer is
az follows
portion Of the current money used in commercial trans
actions Paper money representing credit has org been
compelled 70 accept the promise Of bank to pay money
instead OF the coin itself The notes o. the United
States, issued under The authority Q, the government,
but made legal tender for the paymen. OF
debt
o. certain number OF dollars would be construed
meaning, not Prussan dollars. or Spanish mixed tol
lars but lawful coin Of the United States The addition
o! description "hwfu money OF the United States"
is entirely superfuous and does not change the nature OF
The statutes Of Congress always make legal d,snc
ton between lawful or current money and that which
that when such rs the Intention the language Is "And
shall be legal tender.n &c
Some coins Of the governmen. legal tender below
a certain amount. but not beyond Thus, by the OF
the 9Th OF February l7s3 after the expiration OF three
years, AL foreign coins exeep, Spanish miled dollars,
BY aol OF April 1905 Foreign gold and silver coins
shall pass current money within me United states and
several and respective rates following" &C.
Again, by act Of the 2sh OF June ihe following
ceivable IN all payments by weight at the following
rates." &c.
Hence we find that In a CAGES where other money than
the coinage OF the United States ordered TO be received
current or lawful money, the statute carefully
vdes the rate and conditions under which they made
legal leader for pay men OF debts. IL rs clear there
fore inat Congress has always observed she distinction
between current and lawful money, when may be re-
ceived 10 payment Of debts II the creditor At 10
accept II, and That which he may be compelled 70 accept
legal tender.
than their own coin legal tender u may be used As
such. Thus, in the authorizing the national banks
their made legal tender for certain debts
70 the government for taxes &c. but not for debts
from one citizen TO another.
The Treasury notes made lawful or current money
'and legal tender for debts. &c between iudiv i'd
uas AZ this Is the fret act in which this high prerosa
tive OF sovereignty has been exercised IL should be
strued strictly. IL doubtful In policy and dangerous
precedent.
The only question, then is whether this case comes
within the letter OF the statute.
II the money which be paid to extlngush ground
rent within the category OF the acE
Ist debn Tho owner OF tho land IL not bound TO pay
Ii. The Of the rent cannot compel him to pay H.
There obligation between the parties II cannot
be converted into obligation by the election Of OF
the parties without the consent OF the other. man may
execute bis bond TO me voluntarily but unless accept Il
be doee not become my debtor.
These ground en.s 10 the nature OF rent SERVICE are
somewhaI peculiar to Pennsylvania, and ttS known In
other States But the Supreme Court u ihc state has
clearly settled and determined sber nature The cases
well known to the legal prcfsssior 70 need
taton "a rent service ssys lbe Cour 10 bosier IS.
KILN, Watts Sergeant 1856 8 uot d. 0t, and
time become debts when is ,ls @ ''
am OF the opinion thersore, that sbc tenisr offered
by the bill in this not authorized by the State and
that the respondents canno, be compelled to extnsuish
their estate in the iaud by such tender that
made. The bill must, therefore, be dismissed.