Darcey v. Shotwell

Citations

• 49 Miss. 631

Syllabus

<p>1. Confederate Money — Rule of Evidence. — under the act of Eehruary 19, 1867, “ to change the rule of evidence in certain cases,” all contracts made between May 1, 1882, and May 1, 1865, for the payment of money shall be presumed to have intended “ Confederate money,” unless the contrary appear on the face of the contract. Where a note was given for Confederate money, borrowed from plaintiff on the 2d day of June, 1862, payablo on the 1st day of March, 1864, “payable in such money, currency, or funds as will be generally received for debts in this country at maturity of this note.” Held: To be error to instruct the jury, directing the value of Confederate money to be ascertained at the maturity of the note. The correct measure of recovery is the value of Confederate money at the time of the Joan. This is founded in reason and justice.</p> <p>2. Same — Contkact.—Without the stipulation as to the currency m which it was payable, the note would have been payable in the funds or currency generally received in payment of debts at the date of its maturity, precisely according to its present conditions, and the contract between the parties is the same, with or without the stipulation.</p>