The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-01
rso ueiaxue of Iegal-TenderS.

COMPLAINT AND ANSWER IN ihE eefh 80 0
ITS CoSSTlTUTIoNALlTY.
The suit which was agreed upon by Gene
mi 3. +. Butler and Congressman D. u
Chittenden to test the validity OF TIC X
issue OF United States legal-tender note
in time OF peace is to be tried before Jho2S
Blatchford in the United states Circu
Court in this city, and VIII proDaDiY
reached in a month. The suit is fountShae
nm regular business transaction = ~. =;
Dlaintiff. who claims that the reIssueoi, BY
notes was illegal, and who is sustAinJuil.
MIR. Chittenden, is Mr.. Augustus.an, aud
Hard. His attorneys are Butler, ST OF coun-
Hubbard, with Senator Edmuant, Thomas
sci. The attorney OF the deflcen. and 1t is
S. Green. is Mr. james. Butler will take
understood that Genfhe complaint is rs
part in the defence
follows: said plaintiff is a citizen
First. That few York. and that said de-
PENDANT Is
@'Sua. That heretofore in the month OF
,,SeeopHs79. the said plaintiff at the city OF
.%on,ao rk. in the said State of New York.
Iand delivered TO the said defendant at
SOU special instance and request, certain
..nods and MISUNDERSTANDING: One hum
ldred bales Of cotton, OF the value and for
the agreed price OF So, 1890, for which said
defepdant agreed to pay in cash the last
mentioned sum on the delivery OF said goods
and merchandise.
Third. That the said defendant has not
paid for the said goods and merchandise
the said agreed price or any part thereof,
except that he bad paid on account thereon
Che sum OF S22.9O, and is now Justly in
debted to plaintiff therefor in the sum OF
$500.
Wherefore plaintiff demands judgment
against the defendant for the said sum Of
$500 with interest thereon from the 18th
day of April, 1879, and the costs Of this
action.
BUTLER, STILLMAN & HUBBARD,
Plaintiffs attorneys.
The complaint was sworn to before G. s.
Simpson. notary public, on April DIST.
The answer is verified by Mr.. McKeen, Mr.
Green being in Connecticut, and is as fol-
lows:
First. Defendant admits that he is a citi-
zen of the State OF Connecticut. and that
plaintiff is a citizen Of the State o! New
York, and defendant admits that he pur-
chased from plaintiff the cotton referred to
in the complaint, and agreed to pay there
for as is therein stated.
Second. Defendant AYERS that after the
delivery OF said cotton and before the com
mencement OF this action he offered and
rendered to plaintiff in full payment $3.50
in gold coin of the United States, 40 cents
in silver coin Of the United States, United
States note of the denomination $4,000.
numbered "a 103, series Of 1885, and a
United States note Of the denomination
800, numbered "a 1905, series OF 1885,"
the said notes were payable to bearer, and
of the description known as United States
legal tender notes; that at the time Of Of
iering and rendering said notes and coin to
the plaintiff the sum OF 81, 522.90 was the
entire amount due and owing IN payment
for said cotton, but plaintiff declined to re-
ceive said notes in payment OF $500
thereof.
Third. Defendant AYERS and alleges upon
information and belief that said notes were
a reissue OF tina. amount OF United States
leeal-tender notes which had been redeemed
subsequent to January l, 1879, at the United
States Sub-Treasury in New York; that said
notes subsequent to such redemption were
issued and kept in circulation under and in
pursuance Of the act OF Congress entitled
<sAn act to forbid the further retirement of
United States legal-tendcr notes." approved
May 81, 1878.
Fourth. Defendant continues ready and
willing 10 pay to The plaintiff the sum or
$5, 100 in SAID notes. Wherefore defendant
prays judgment that the complaint be dis
missed with costs.
The plaintiff will demur to this answer.
Whatever the decision OF Judge Blatcbford
may be, an appeal Will be taken TO the
United States Supreme Court.-Nesp York
Wortd, 2Sth.