Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-28
DECISIONS OF THE SUPREME
COURT.

OF Nie court
On the I4th Of August 1866, Francis
Furman and Francis w. Green, citizens Of
Davidson county. Tennessee. filed their pc
tition in the Circuit Court Of said comfy,
against Z. l. Nichol, Clerk of the County
Coart Of said county, for writ of man
damw. The petition alleges IN substance
that on the lt day Of August, lSGG. pc.
tiii0ners catered into partnership under
the name aud style Of Furman, Green d
CO., as wholesale merchants IN the citv OF
Nashville. Pryor 10 that time, the petit
toner, Eurmau. had been q Wholesale H.
censed merchant in the city Of Nashville,
and as such said clerk, on the 2Sth day Of
August, 1850, issued ohima wholesale year
ly license for the year next ensuing On the
81 day Of August 1866 said Furman ap-
peared before said clerk, at his Office and
rendered TO him a statement under oath Of
the invoice cost Of all the goods which had
been brought into his said mercantile es-
tablishment for sale since the date Of his
said license up othat time. Upon said stale
ment there Wele taxes due the COUNTY of Da-
wilson the sum Of S833 G., which sum was
rendered 10 said clerk, in lawful currency
Of the United States, and which he refused
% accept unless said Furman would also
pay the taxes due the State in like cur
rency
Upon said statement there was due from
said Furnan 20 the State, a. State tax. the
sum Of 1854 So.
Furman then rendered to said clerk the
snm Of 1885 in the notes and issues of the
Bank Of Tennessee, issued prior 10 the 9Th
day Of May, 1861, in full payment and dis
chare Of said sum Of taxes due from him 10
no OF N's.s4 d. Il
fused 90 accept because the same were not
at par.
Furman, Green & Co, also applied 10
said clerk for a license as such wholesale
merchants for the next ensuing year, and
rendered 10 him bond as required by law.
a. they believed II was their right and duty
TO DO, before they proceeded 10 purchase
and sell goods, in the name and business Of
the new firm.
The clerk refused 10 accept the bond and
90 issue the license, because Furnan had
not paid the State tax due from him. a.
aforesaid, in par funds and had only ten
dered and offered 10 pay the same ia notes
and ISSUES Of the Bank Of Tennessee. a.
aforesaid
The petition also states that the Bank Of
Tennessee was incorporated by an act of
the General Assembly Of the State Of Ten
nessee, passed on the 18th of January.
1893, entitled An act to establish State
Bank 10 raise a fund for internal improve
ments and 10 aid in the establishment Of
education which act Is particularly re-
ferred 60 and made part of the Petition.
80 iar as the same may be applicable 10 the
rights Of the petitioners.
The petition further alleges that the
bank notes rendered as aforesaid were
issued by said bank, rs provided for in the
twelfth section Of said act Of incorporation.
and uadc payable to bearer that said cor
poration is still in existence and the char
ter unrepealed that the bank was organ
lied and issued it, bills or notes, under the
provisions Of said charter, which circulated
as money and legal currency, and insists
petitioner kurman had the right 10 paw
said taxes due from him b The State. under
a contract between him and the State.
The petitioners pray that q writ of man
damas nii issue, directed 10 said Nichol
clerk, as Aforesaid, oommandmg him thai
unless, in the meantime he receive said
bank notes and bond, rendered as Aforesaid,
and issue said license, he appear and an
awcr said writ, and how cause, il any lac
can, why peremptoy writ shall not issue
against him, 90 compel him to receive said
.um OF 5000 in the notes rendered as alore
aid, aud also Go issue 90 the petitioners a
license as demanded.
A writ uiu was awarded, and Nichol
having been duly served with process. APP
pearing by his attorneys and demurred 10
the petition, and set down and assigned the
following causes Of demurrer, to-wit:
First Said petition does not show that
there was contract between the State Of
Tennessee and the said petitioners or either
Of them, that the notes of the bank of Ten
nessce, held by petitioners, should bee re-
Ceivcd IN payment of taxes, due 90 the State
of Tennessee, from said petitioners"
Second. Said petitioners have failed b.
show in their said petition that they became
the holders of the said notes.-the isslies of
the Bank Of Tennessee before the passage
ct the act of the General Assembly of said
State, passed in 1865 entitlc An act Co
revise the statutes of Tennessee, Title 4,
Oh. = AIT . of the Code Of TENNESSEE,
ur that they became the holders of said
notes before the passage Of the ct,repealing
the charter of the Bank Of Tennessee, passed
on the - DAY of --- 1866
The petitioners Joined in demurrer, and
upon argument had thereon, the same was
oyerruled. Time was given the defendant
within which 10 plead, which he declined
90 do, aud thereupon peremptory writ of
mRdWHs was awarded, commanding the
defendant TO receive of the petitioners in
payment oi State tax due as aforesaid, the
notes or issues of the Bank Of Tennessee,
issued prior 60 the 9th day of May, 1861,
and 20 issue 20 them a license, etc From
which Judgment of the Circuit Court, the
defendant, Nichol, has appealed in error to
this court.
The question presented for our consider
alton in argument and upon which il is
conceded this case must depend, Is this
Was the Clerk Of the County Court of Da-
wilson county bound 60 receive the notes
of the Bank of Tennessee rendered in pay
ment of the taxes alleged 20 be due the
state
The question is one of immense magui-
ude. the proper solution of which involves
the application OF great principles which
bat seldom pass ia review before the Judi
cial tribunals of this ur any other country.
On the 10Th day of January, 1888, the
General Assembly of the State of Tennes-
see passed ana act entitled "Anact, Co estab-
lash a State Bank 90 raise fund iuU inter
nal improvement, and Co AID in the estab
hshmpui of system of Cdugltlon' los
which was created a body corporate aud
polite. by the name snd style ot THE
Bank OF Tennessee with a capital Of five
millions of dollars. which upon the hap
peuinE cot certain contingencies should be
increased.
Ev section - of SAID lot ct incorporation
il is provided That the bills OF notea OF
the said corporation. originally made pay
able or which hail have become payable
on demand, In gold or silver coin, shall be
receivable az ti,e Treasury Of the Stale, and
hy all tax collectors and other public OH
Gers IN al payments for taxes OF other
moneys due Co the State
The provisions of this section were eE-
pressy repealed by an act passed In 1868
ch- 90, see. ae. This. "a is admitted, the
Legislature hal thr right o. DO. But 10 Is
insisted, by counsel for the plaintiff in err
Tor. that section COZ of the Code which
went into gfeo, Ia MAY, ls5s. operated asa
repeal cot said 18th section of the bank
charter
The provisions If jhia section ary aa IuI-
lrvs . The collector ah1li receive m dis