New-York tribune., 1876-08-23
would be payable In gold in throe years OF be ,,,

would be payable IN gold in thrOe be converted into
y S'ls 'es 'Hs s ssss
rhe testator OF tn plaintiff then in fan iie bsesm,
3 saa 1''f le'ns Of ss Isss
aDssns alter date the United ss G pc@s
pay Es DIsa aSaa on S h %l's Of
Secretary gaze roce that the WIS ready resem
ne Sane boad aad tha tho ateres would caass al
at whleh no Ike light Of would aso , cea ea
Ihrcaghout the tssator q The gn, 4 nss,sd s 1
1886 he caused notes TO b. transmitted certain
aaa a o S's me S ie same with interest sss re s
ard with diroctiors that The IN goo was es
ssfaesty rtSeS and the aShiS aeeepiec sSe Ss
oes urdcr protest as directed 5y tSe sanpos.r 5ss
Geld at the time the notes we're presented wss worth The
tender noe, accepted in piymtst payssn, i1 gold Dc
cen Teinso Iasec tnese fos the exocutr 0. d.
rec.ver diference ne market yaiue q gold aud @
ssaa sSsg hSs H s T. sST tai q tie % adg%sn ~ as S fsD sS
r tbe dcerets N To Cont below ard The PIanur 40
laintiG a. That The Court below erred in holding thai
make tho sa,enefit contained adTertissnenss 4
tas ne Teauy r nS,ss S,st ~ TerS 70 payable ~, in gold
and what appears in he rec9rc in Herewith "a
9G @ c5aP SPf & as Il Ss e 3 ri G he sds @ II
paid Dy def, ndants in legal rder notes az That tho
recover the difference in Al that tine between legal
tondor notes and god. - IL irio tan examine tho
facts in the IL cE1er 10 ssCer;an whether the
supposed legal questions do actually arise case
Payme of fe treasury notes accepted " the statOr
OF ii plaintiff ad 10 appears that 10, at re time the pay
mort was mae then being al hfe sftnlered notes
~ tho Secratsry a)1. se.ths~ecepdOn mistake
or due advantage Sgy sed tut the shOs record shows
that was aa honcs OTchcs ~ opinion bstvre bs Sere
sary ana 20 the rights of as parties aud
eruu ihe voupr7 P.snce Of ths leya tenter
uaf. q tie gspto " the arnt IN Ecu Cf gOh
SecretarY, ard by tho surrender Of tho
him t1O United Stote such
aure ., payment waiver o; ms claim s-tcedenly
riaie and Amounted f d!5aarge o. tho ao ndepend
entity %. the question uleol ta notes scc"ect pamel
rot c2el tenlaT isod y TOO counsel for the
defendants treasury notes acid ~ tae decesn
been sirreu dcrtG t3 United states, The eject of tho
have been dorcbL It IS that protest aner sgeh
circurs pttery iGsuf"eienG lnaJ the eject t
the waiver eyiuenecd ~ tbe c,ptance Of what oier
full discharge ~ tho treasury n0ts ~ len 81 gold o
clned hs Secretary refused 10 ~ thai Ble'EDD
agents deceGent, acry in of ais IN
structions the medirri t.eTei bJ h3 secretary,
knowing fu Wc 10 O1e:GJ in f discharge of tue
~ notes. appears n ~ they lot oay accepted t1s
medium pay OF red by IN" S"cIoiafy put surriurl
treasury to the Secretary n tho wei sB0D ahlal
aeeD; II the United states Viewed "a tle lghtof nsso a
gesos be held that the prs. oetGs nn3nlhOfzeo
by law was parts ac Nitb0 sny stA t1cieicy
nent iron, that promised by United States sOs9.e a.
cent lncc " a smaller te Secrtaryof he lTspry
loes the Uutsf ste5 Oren tc furner clam on
ground Oi dugess, Tho aCcePaucs hoiug voluntary "hl
intimidation. Affirmed NJ. Justice Chaori oelVelea
the opinion.