Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-02-16


UNITED STATES SUPREME OouRr. YRsrsR-
pAY-Coxfrdctsf fer fAs Payacat Of Geid-k tie
dafy 81 ne Courts TO eaforce Aem-J1iSRen'. az
ss sstesdsd FOR that descriPion II psosey II ed
appeal from a judgment Of the Court OF Ap-
peals OF the State Of New York, holding ID AZ a
tender or Treasury notes for the satisfaction o:
morteage mace IN 1851, by its terms 10 D. sat-
lsueo IN gold and silver coin, was sutficieut
The tender was made In January. 1855. whea :
dollar In coin was equal 70 two dollars aud
twenty .nve cents IN legal-tender notes, and the
tender being refused, Action was commenced %
compel the cancellation Of the mortgage The
supreme Court Of the STATE subseq uautly ad
judged the mortgage paid, and required 4: 10 o.
been sufficient The Court of Appeals am me!
that judgment, and the atfirmsace is here 10.
review.
The Chief Justice delivered the ep,nion Of
the Court, holding that u Is the duty OF courts
of justice TO enforce contracts according 10 the
intent OF the parties To them; and in this case 4:
Is held that IL is clear that the intent OF the
parties was that payment should be made Ia
coin. There were two descriptions of money
In use at the time the tender in this case was
made, beth authorized by law, and both m de
regal tender. The general denomination OF
both descriptions was dollars, but they were
essentially unlike IN nature. The coined dol
lar was piece Of gold silver of a certain
degree OF purity and weight The note dollar
was promise 10 pay a coined dollar, but not
on demand or a any fixed time; nor was n
convertible into a coined dollar Il was i'm
possible. IN the nature OF things, that the e
two dollars should be the eG aiyalent Of each
other, nsr did the currency act purport 70
make them There We're then two
descriptions OF currency issued oy the
same government aud contracts 20 pay
either were equally sanctioned by la
NO question can be- made TO the fact
Doubt concerning IL can only spring from thar
confusion OF ideas which always attends the
introduction OF varying and uncertain meas
ures OF value into circulation as money In
the absence Of any specific control for the paw
ment OF coin, legal-tender notes may be a suf-
ncIent tender; but " is clear to the court that
express contracts for the payment of coined
dollars can only be satisfied oy the payment of
coined dollars. They are not debts which NAV
De satished by the tender OF Treasury notes.
AS 10 the judgments to be entered on contract
Tor the pay ment OF coin, il is said The diff
nculty arises in the suppoeition that damages
can De assessed in only one description of
money. but where there are two kinds OF cur
rency provided by law, il Is necessary in order
TO avoid ambiguity and prevent a failure OF
lustice TO render judgment for coined money
where the contract provides for payment in
coined money, where no specific description of
money Is made, judgments may be entered gen.
orally without such specification: judgmen,
below reversed.
Mr.. Justice Miller dissented, holding that al
though II was the intention Of the parties that
gold should be- paid, n was only so because
gold was then the currency Of the Government,
the 'lawful money Of the United States" men
toned In the contract There was nothing in
the contract TO make II differ from any other
contract payable in dollars. Where Treasury
notes become lawful money of the United
States, their tender was sufficient to discharge
the contract, and within its terms and within
the understanding and intention Of the parties
This decision in no way affects he legal ten
der cases argued by NJ. Potter and the Attor-
ney GENERAL at the present term of the court,
although argued at the time OF the argument
OF those cases.
CRIMINAL COURT. Judge Fisksr.-Yesterday,
William Thomas and William Robinson, alias
Sport Thomas, indicted for larceny were con-
VIc'ed. George Umphreys was found guilty
OF petit larceny; James Warden and Michael
lanoady, indicted for grand larceny, were
tired.
This morning, the case of George w. Glenn.
entson, indicted for the murder of - Conrad
IN November last, in Georgeto wn, was Sc. for
Monday next.
CIRCUIT COURT, Judge Contradictory the
trial OF the case Of the Richm ond and YORK
River Railroad agt. the National Bank of the
Metropolis was resumed.
EQUITY COURT, Judge FIsler.-This morn.
ing, Helme agt. Heime; order for suspending
attachment for contempt. McElfrssn agt
McElfresh; order for allowance pendenfe lite
alimony and custody OF child Magee agt
Magee; order publication.