New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-18
M4ETNG CU4NIR

| .----------
NAMING CHANGE
| fortunate 1T is that the masses Of the people
are good natured and accommodating in small
business dealings. If they were not SO, quar-
rels would often arise over Shaking change "
story comes from Boston that person wish
ing to cross the East Boston Ferry gave to the
gatekeeper five-cent nickel piece The fare
| was two cents; and the gatekeeper pronered as
! change three cents one Of which was an old
fashioned bulky copper cent---one of the kind
which We're coined before 1857 The passen-
| ger declined this, and asked for q smaller coin
| instead but this the collector refused to rive
The passenger then asked to have his five cent
piece returned, but the gatekeeper refused this
also, saying that The passenger had made a
| contract and was bound to keep it, At last
accounts the City Solicitor was advising the
gatekeeper that his position might be correct,
but was not a wise one to take The question
Is petty one; yet special circumstances might
give 1t Importance. Suppose u railroad con-
ouctor ana a passenger, while the train is under
way, get in controversy; the passenger offers a
bill the conductor cannot change it: each
party insists that the other shall make change
and finally the conductor stops the train and
pats the passenger of for non payment Of fare.
I
change the bill, he has rendered the COMPANY
liable in damages for all the Inconvenience the
passenger suffers; and these damages may
| amount To- thousands of dollars
When there is debt to be paid the law of
tender" often governs the question of making
change. Everyone knows that whoever owes
money may be required by the creditor, if strict
| law be the guide, to produce the proper sum
creditor cannot be required as matter of law
TO give change, or even to accept money, how
| ever good, which is not of the illegal tender
kind. 1t is for the debtor to discharge his
debt; he should provide himself with the sum
needful But this Is said of payment of debts
If the dealing does not involve payment of n
debt already complete and fixed, tho law of
tender does not apply
In the majority of dealings the rights of the
parties are governed more by custom than by
any strict uniform rule of law. TO illustrate ::
One who takes ride in car or omnibus becomes
bound to pay the five cents fare and if the law of
tender be viewed rs the sole guide he is bound
TO have the five cents ready. But many ears and
| omnibuses carry II placard, "change to the
amount of So will be furnished by the driver"
This notice takes the case out of the law of
tender; and under it n passenger who offers
> bill and asks change is clearly in the right.
prictor's lookout Now custom of the place.
or OF the trade, for a dealer to make change
may operate IN the same manner "a n placard
promise, except that to prove it would be more
difficult If it can be shown to be the settled
custom Of the restaurants, dry goods stores
groceries, news-stands, etc, of the place 10 ac-
commodatc their customers by giving change
| a person visiting either 20 buy has n fair right
| to opportunities the particular establishment
gives notice, customers will please provide
themselves with the exact change" or the like
that change to Il small amount Will be ac-
corded. And one Offering bill so small rs to
be clearly within the custom as proved, would
be regarded as in the right at the outset of
whatever controversy might arise over the
question OF change. On the other hand if il
were not usual to give change at church fairs.
or in taking contributions, or in paving we'd
ding fees, there would be no right TO expect il.
We apprehend that tho custom among dealers
who seek public favor and patronage to give
moderate change is so we'll settled that no such
dealer would be sustained by the courts in con-
fiscatlng bill. expelling u customer or pas
senger, refusing passage across ferry, forcbly
taking back goods delivered, or the like
merely because the exact change was not ten
dered. But the question clearly might depend
oi IAc jury NicW VI usage, not on strict
law Of tender.
1t is noteworthy that q customer who offers a
bill for change by virtue of custom is bound to
accept such change as custom sanctions. He
cannot insist on legal tender change. If his
right TO expect change is founded on usage of
trade, not on strict law, the kind Of change he
should accept must also be governed by the usage.
AS view the Boston case, the gatekeeper
should have been prepared to make change for
a fye-cent piece. If by accident he could not
give three cents, the passenger had the right to
keep his 1--we cent piece and cross the ferry; re-
naming liable, however, for the two-cent fare.
which he ought to pay shortly, or which could
be collected by a lawsuit. The gatekeeper had
not the right to keep the nickel or to refuse pas
sage his doing the former would render his en-
pioyers liable for the three cents his doing the
latter would expose them to an action for dam
ages. But he was only bound to give such
change as was current by the usage of the place.
Unless the old-fashioned cents are generally re-
fused in Boston, this passenger asking for
change by custom could not refuse one.
--
4 DANGEROUS PRISONER.
GuItcau yesterday added 10 fine cata Io0ra 90 III.