The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-11-10
LEGAL INCELLIGENCE.

ANOTHER DECISION IN LEGAL TENDER NOTE
CASE.
UNITED STATES CmcUGr CouRT- Judges
Giicr and Cadwalader.-The Philadelphia and
Reading Railroad Company VS.. Charles Morri-
son, e aL In this case, which was before the
Court in the shape of bill in equity, to compel
the defendants to accept, in extinguishment of
the principal of certain ground-rents to the
amount of $500, 900, the legal-tender notes of the
United States, and which was argued Il few days
agO, Judge Gucr has just rendered the following
OPINION.
Coined money, in modern times, forms but a
very small portion of the current money used in
commercial transactions Paper money repre-
senting credit has long been used as current and
lawful money. BIT no one could be compelled
TO accept the promise of bank to pay money,
instccd the coin itself. The notes Of the Bauk
of the United States, issued under the authority
OF the Cover meHt,wcre current money, and law
ful money, because issued by such authority, but
we've n, yer made legal tender for the payment
of delts.
A contract made in the United States for the
pay ment of certain number OF dollars would be
construed as meaning not PTus,ian dollars or
Spanish milled dollars, but lawful coin of the
United States The addition of the description
lawful money OF the United States" is entirely
superuous, and does not change the nature of
I obligation.
The statutes of Congress always take dis
tincton between lawful or current money aud
that which shall be q tender for payment of
debs. Hence, we tnl that when such is the
IL nt1n, the language is, lind shall Be a legal
Some c, ms Of the Government are legal
tender telow a certain amount, but not beyond.
Thus, by act OF OH February, 1898, after the
expiration Of three years all foreign coins except
Spanish milled dollars shall cease to be a legal
tender.
BY act Of April, 1906, "Foreigu gold and silver
coIs shall pass current as money, within the
United States," and be u legal tender for the
payu eIt of all debts, &c, at the several and re-
speciye rates following, sc.
Again, by act OF 2Sth June, 1884, "The follow
ing gold c ins hal pass as current money, and
be receivable in all payments by weight at the
Hence we find that in all cases where other
money than The coinage of the United States
ordered TO be received as current or lawful
II OIey, the statute carefully provides the rate
and conditions under which they are made
egal tCnUer fCT ayment OF debts. IL is clear,
therefor that Congress has always observed the
distinction between current and lawful money,
which may be received in payment of debts, if
the ere dtOr sees fiji to accept IL, and that which
he may he compelled to accept as "a legal tender
II is clear also that if Congress make any other
thing than their own coin a legal tender, 1t may
be used as such. Thus in the act authorizing the
National Banks, their notes are made a legal
tender for certain debts due to the Government,
for taxes, &c, but not for debts due from one
citizen 10 another.
Tie treasury notes ere made lawful or cur
rent money, "and legal tender for debts"
&C., as between individuals. AS this is the first
act IN which this high prsrogatve of sovereignty
has been exercised it should be construed
strictly. II is doubtful in policy and dangerous
as precedent.
The only question then is whether this case
comes within the letter Of the statute.
Is the money which may be paid to eXtinguish
gTonnd.Tcnt within the category Of the act
Is il debt The owner of the land is not
bound 10 pay IL. The owner of the rent cannot
compel him 10 pay il. There is no obligation as
between the partes IL cannot he converted into
an obligation by the election Of one of the parties
without the consent OF the other. A man may
execute his bond to me voluntarily, but unless
accept il be does nO' become my debtor
These grCundrfnts, in the nature of rent
service, are somewhat peculiar TO Pennsylvania,
and little known in other States. But the
Supreme Court OF the State has very clearly set
tied and determined their nature. The cases are
too well known to the legal profession to need
quotation. "a rent service (saY the Court in
BOslp VS.. kuhn-S Watts & Sergeant, 1867 Is
not q debt, and a covenant 10 pay it is not a
covenant 10 paw a debt. The annual payments
spriug mo existence, and for the first time
become deb.s when they are demaudable."
| am Of opinion, therefore, that the tender
offered ~ the bill in this case is not authorized
by the statute, and that the respondents cannot
be compelled to eNtinguish their estate In the
land, By such teRder as that now made. The
biz must there fore be dismissed.
DIsTRICT CoURT-Judge barswoOd.-William
Haiew vs.. Benjamin Kellogg An action TO re-
COvCr wages alleged 20 be due and in arrears.
Jury out.
DIsTRICT CoURT-Judge IIare-Jlmes Duffy
vs. Edward Miller. Before reported. Verdict
for plaintiff, SG5.
CoURT or COMMON PLEAs-Judge Allison
Dougherty VS.. Hardin. A feigned issue to test
the validity Of the will of Mary II. Welsh. Before
reported The jury, by their verdict rendered
this morning, sustain the will.
Anne Maria Brown vs.. Lezeare Brown. This
case, Just put upon trial. is ieigned issue 10 test
the validity of the will of Marcus Brown (colored)
deceased. The contestant alleges that deceased
az the time of the execution Of the will, was of
uusound mind and incapable Of performing the
act with proper knowledge Of what he was
doing. On trial.
nurV aUvUuvrYa a NM mn uuR0ur