Casey v. Turner

Citations

• 32 Tex. 64

Syllabus

<p>1— -To a suit on a note for $201, the only defense was that the note was payable in Confederate money. The evidence as to this defense was conflicting, and the plaintiff obtained verdict and judgment for $81. Held, that the verdict and judgment were erroneous in any point of view: for, if the note was payable in Confederate money no suit could he maintained on it; and if payable in lawful money, the verdict and judgment should have-been for the principal of the note with interest.</p> <p>2— But the plaintiff being an administrator, and the note being due him in his fiduciary capacity, for a consideration moving from the estate under his charge, he had no authority to take a note payable in anything hut lawful money. The judgment is therefore reversed, reformed, and rendered for the principal and interest of the note.</p>