Curiac v. Abadie

Citations

• 25 Cal. 502
• 1864 Cal. LEXIS 59

Syllabus

<p>Treasury Notes—Legal Tender.—The Act of Congress, passed February 25th, 1862, making the notes issued under the Act lawful money, and a legal tender in the payment of private debts, is constitutional.</p> <p>Idem.—The notes issued under said Act are a legal tender in payment of a debt, the consideration of which was gold or silver coin of the United States, unless there is a written contract to pay in gold or silver coin.</p> <p>Judgments—Form of.—Where suit is brought on a general indebtedness without a written contract to pay, or on a written contract to pay money generally, without designating the kind of money, the Court cannot render a judgment payable in a specific kind of money.</p> <p>Tender of Money.—Where a tender is made of the full amount due before suit is brought, and the tender is kept good and brought into Court, the judgment should be for plaintiff for the amount tendered, and for defendant for his costs.</p>