[Return to Alabama Supreme Court Cases]Genealogical Gleanings FromReports of Cases Determined in theSupreme Court of Alabama, 1820-1826Grove and Smith brought an action of debt in the Circuit Court of Lauderdale county against Spain, on his promissory note for one hundred and fifty-three dollars “in good current money of the State of Tennessee,” equal in value to said sum of $153. Spain failing to plead, the Circuit Court rendered judgment by nil dicit against him for $153 debt and $36.80 damages. On a writ of error to this court, among other matters, he assigned as error, that the note being payable in foreign currency, its value ought to have been found by a jury. Martin, for defendant in error. LIPSCOMB, C. J.—The note, as appears by the declaration, was payable in good current money of the State of Tennessee, of the value of the sum of money promised. If it were necessary to impannel a jury to inquire of the value of the Tennessee currency, the jury would be bound by the valuation fixed on by the parties; the only inference we can draw from the expressions used in the note is, that if paid in good Tennessee currency, the maker should make the payment equal in value to specie. Let the judgment be affirmed. Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 177-178. |
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