Carpentier v. Atherton

Citations

• 25 Cal. 564
• 1864 Cal. LEXIS 69

Syllabus

<p>Lawful Monet.—By the laws of the United States there are three kinds of money, to wit: gold, silver, and treasury notes, each of which is made a legal tender in payment of debts.</p> <p>Enforcement of a Specific Contract.—The Act of the Legislature of this State, passed April 27th, 1863, commonly called the (c Specific Contract Law,” providing for the enforcement in terms of contracts made payable in a specified kind of money or currency, is not in derogation of nor does it conflict with the laws of Congress making United States notes lawful money and a legal tender in payment of debts; and under said Act a judgment may be rendered and enforced, payable in the kind of money specified in the contract or obligation on which it is rendered.</p> <p>Idem.—Said Act creates no new right. It only adds one to the cases found in the common law in which it is competent for Courts to enforce the execution of contracts specifically.</p> <p>Discharge of Money Contracts.—A contract made to pay money generally may be discharged by a tender and payment of either of the three kinds of money made a legal tender by the laws of the United States; but a contract made to pay in one of the three kinds of money cannot be discharged by a tender of either of the two other kinds.</p> <p>Value of Each Kind of Money.—A Court cannot say judicially that one kind of money, made a legal tender, is of greater or less value than another; nor can evidence be received that a dollar of one kind is of greater or less value than another.</p> <p>Costs and Interest.—Where a contract is made payable in a specific kind of money, the judgment enforcing it may enforce the payment of costs and interest in the kind of money mentioned in the contract.</p>