Barnetts v. Miller's Adm'r

Citations

• 23 Va. 551

Syllabus

<p>M held the bond of G for $700 executed before the war. In September 1862 G proposed to pay M in Confederate money, which she refused to receive, saying she would receive the interest, but not the principal of the money. His brother C said he wanted money, and G. said if she would let C have the money, and give up his bond, he would go C’s security. M then let C have $100 of Confederate money, and C and G' executed their bond to M for $800, and she gave up G’s bond. Nothing was said about the bond being paid in Confederate money; and G paid to C $700 in that currency. Held : This was not a novation of the debt, but it retained its original character; and as to $700 it was to be paid in full, and as to $100 it was to be scaled.</p>