The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-02-07

And with The aggregate amount of
accounts due by defendants from
January 1, 1858 to 1st May, 1852,
each of which had been rendered, 1858 90
And with errors in inventory of
drugs and books bought, May, 1867, 45O 90
s5,ssS 90
And gave defendants creditor
principal and interest to May
/, 1862, of balance on note of
plaintiff, 800
And commissions on bill of
medicines, % 1870 %
Balance due plaintiff. S4,013 90
Tie defendants pleaded non assampsit and
payment, and with the latter plea, filed, by
way of set-off. a note made by plaintiff and ii.
E. Sizer, to the defendants, for $3.I99 go, due
1st January, 1855, having sundry credits en-
dorsed; and an account of goods received by
plaintiff to be sold ON commission for defend
ants, amounting to 81 900. And to the plea of
payment, the plaintiff filed the general repli-
cation.
The verdict was for the defendants for S21S.-
81, and they moved to set it aside and for a
new trial on several grounds: when motion
was oyerruled; Audience the defendants bring
the case here.
The facts of this case present several ques-
tons of great interest and delieacy, and in
volving principles of very grave Importance to
the people, in the existing state of the country,
SeHSlDlt dS we are Vi TIE STpdG magnitude
these questions. we have maturely considered
them, and now proceed to give the result of
our deliberations upon them.
The evidence touching the several points
presented, is voluminous, but the substance of
it will be stated as we come to examine each
of them.
The first question for consideration is, whe-
ther the action, in the form in whichit was in
stituted, can be maintained, on the facts of the
case.
Jto-,oo,,- -. ~ .5z.....,1 al a. =. -
was founded mainly on certain funds known
as Confederate Treasury Notes, Mississippi
Cotton Notes, and Mississippi Military J
Treasury Notes, which the plaintiff had, from
time to time, deposited with the defendants, as
bankers. during the years 1861 and 1862 From
April, 1882 to October in that year, these Con-
federate and cotton funds are shown to have
been worth, in the market, from two to two
and half for one in gold or silver, and Mis-
sissippi Treasury Notes, due in 1868 and 1864,
were worth from five to twenty-five per cent.
more than Confederate money, and in Deeem-
Der, 1862, they were worth about ninety per.
cent. premium over Confederate money. But
during the time tated in plaintiffs account,
these several funds constituted the Only circu-
latlng medium of this State, and the defend
ants, as bankers, kept the accounts of custom
ers by crediting the deposits as so much of
whatever kind of funds were deposited, and
paid out the same kind of funds. A general
check was paid by them in Confederate notes,
w VI
slgnated. 1t further appears that, in May,
1852, the defendants had on deposit to the
credit Of the plaintiff, in Cotton money $685.
81, In Confederate money 81 1876 %, and had
received of hip~fn arInM ississippi Treasury
nj ra A liet sr7 nadded o inem BY
the plaintiff, in consequence OF an understand
ing between the parties, that the ae1enaants Is
the note of the plaintiff held by them and here
set up as set-off. After receiving this last
sum. it appears that the defendants refusedto
credit it on the mole, and also refused to dellV-
er it back to the plaintiff. Their reason Tor
this course will be hereafter considered.
As to the other funds, Confederate and Cot
ton money, on deposit, the testimony is III dis
rect conflict, as to whether the defendants
about May, 1862, or afterwards, refused to pay
the same to plaintiff upon his demandS-the
plaintiff stating the affirmative, and the de-
PENDANTS the negative. 1t would appear that
the jury found that they did refuse to pay or
credit the same on the note; and with respect
to the point now under consideration, 1t is
proper to take that view of the matter. There
is also evidence tending to show, that the de-
PENDANTS kept on hand these Mississippi Treas
ury notes received of the plaintiff, and made
no use of them for their own benefit; and 1t
apears that, by reason OF the defendants refill
sal to deliver these notes to the plaintiff, he
lost the full value of the notes as at par.
On this state of facts, the court, at the plain
tiff's instance, instructed the jury as follows:
"That, if they believe, from the evidence,
that plaintiff applied to the defendants to APP
ply his deposits to the payment of the note
they held against him, and they refused to do
so, and, on such refusal, that the plaintiff de-
manded that his deposits be delivered to him,
and the defendants refused to deliver them,
they are liable for their value at the time of
such REFUSAL
And the court refused to give the following
instruction asked for the defendants:
18th. Even if the jury believe that Sizer de-
o6k n
Military Treasury notes, and that defendants
refused to re-deliyer the notes, yet if they also
believe from the evidence that defendants have
not, in any way, used said notes or received
any value therefor, then IN this action, Sizer
cannot recover on this item. His remedy, if
any, is not in such an action as this, and in
this action the jury must reject that item from
their verdict.
These instructions present the question whe-
Their the funds received by the defendants, I'M
der the circumstances of the case, can be re-
garded in law as money, to any amount so as
to support the count in the declaration. for
money deposited, or the other counts for mo-
ney.
It is insisted, in behalf of the plaintiff in
erref, that all or any of these funds, are not
that-not having been converted into value IN
money by them, and not having been appr0-
pr1ated to their use-they are not responsible
In this form Of action, as for money.
or silver, or the loeful circulating medium of
the country, Ssacluding bank notes aclten they
are ksaoacn and approved q, and ased IN the
market 40 cash. BurrelPs Law Die. Its inn
port is derived from the laws Of commerce;
and, in commercial aeceptation, it mems that
which passes, in a country, as the medium OF
exchange and the representative of value; and
whether, for the time being, it be the precious
metals, or any chatta of intrinsic value, rs to-
bacco or cotton, or that which is issued under
the authority eff Government and, by common
consent, is agreed on to represent value and to
pass from hand to hand as such and, in its
character to be convertible into value. such rs
government or bank bills and certificates OF
value, payable to bearer, 1t is money. McGnl-
loch's Comm. Die, Titles Money and Banks.
This principle, as applicable to bank notes,
Is settled in the leading case of Miller vs. Race,
Burr 452, IN which Lord Mansfield says
: Ihey arenot goods, not securities, nor docu-
ments for debts, nor are so esteemed; but are
treated as money, as cash, in the ordinary course
ffeeis transaction of business, by the general /
cree; Of mankind; which gives them the |
n,,rIoSs9 currency Of money to all intealts and
nee n -, szs hey are as much money as gfi-
n 81 8 s,seS are, or any other current coin
or easl 3 Tl - s,,tAmon payments. as money
~ e,, Sasn That Tuie as afterwards aifrned
ana established in eases af - 54sa,st me-, Il
saugnan Burr. 1916, ana Goreier vs. as Me.