Year: 1868

g..


sgt II. :. heGraw, Adnasraor =.


This is a writ of error under the 2jth section
OF the Judiciary act TO reverse OF the supreme
1885, David C. Broderick, then Senator from California
the city OF NowIoi, made his promss9y note tnere
dated for $40 800 payable the Chemical Bank IN that
city ten months after date order OF A. weleh on
was Endorsed by the payer, &c., MeGraw. Broderlck
letters testameutary granted On his estate Tie
debt due McCraw this note was duy proved ana al
S%ES ns,S, e,ae Of BrodereS Metraw demanded pay
nert OF the IN tie gold coin Of the United States
and refused payment in any other cnrency and there
fore on the lth OF January 1sCl he filed his petition in
the Probate Court 10 compel such payment IN United
States gold coin. IN this petition he states that there
we're then assets sufficient to pay the dobs in coin On
the sth Of March following the executor fled his answer
caused the whole amount OF principal ana IN IN,
terest due on the note TO DC tenGered at the
wear 1854 I'm lawful money OF the United States"
which still remains IN that bank subject to MeGraws
upon these proceedings ordered and decreed that the
executor pay debt in United States gold coin" To
claim In 80 far the claim directs the payment thereof
be made in United states gold coin, the executor ex


the OF California, and on such appeal theJudginent
OF the Probate Court was affirmed Te case then came
here the plaintiff contending that the Legal
Tender act be constitutional act OF the ndg
this private otherwise than in the gold coin OF the
United States Is against law and must be reversed, Tor
the law expressly authorized the payment and discharge
I'M the legal tender notes The language Of the statute
and It's manifest Intent and policy extend TO all private
debts without exception and this private debt. The
Judgments Of the courts below founded Oh the fol
lowing California statute:


obligation writing for the direct pay


Of money made payable specified Kind Of money OF currency
plaintiff whether the be BY default amer verdict


and be made payable the Kind Of
action against
by such busAry capacity
for the plaintiff whether the saae be
es aer verdict be made payable IN the same Ana OF
uoneT Or currency received by such person


It then said The language OF tho act is broad and
comprehensive. II makes these notes lawful money
and legal tender in payment OF all debts public and pr
yae within the United States except duties on Imports
and interest the public debit IT, therefore, the act be
constitutional is here assumed and the demand Tor
which Judgment below rendered be debt within
the meaning OF the act mot being for duties on imports
or interest upon the public debit tfoows that no statute
California could except such debt from the operation or
tho statute authorize the Judgment here In question
The deenden In contends that IL Is question OF
local law with which this Court has nothing TO do The
Probate Court compelled the executor TO state in what
currency he held the funds OF the estate The supreme
Court OF California has held that the power rghtfuly
exercised and this Court must assume that judgment
be correct. j. NJ Carlisle FOR palntn III error j. A
Wills for defendant.