Davis v. Mississippi Central Railroad

Citations

• 46 Miss. 552

Syllabus

<p>Payment — beceept oe Coneedebate money — ptoess. — One who received from his debtor payment in Confederate money, in October, 1862, at Holly Springs, upon a tender by the debtor, who, when plaintiff objected to receiving it, told him “he must ” take it, but did not use any force, or threats of force, or reference to compulsion of any sort, cannot treat such payment as invalid, and recover on his original demand, by showing that, at the time of the receipt of the Confederate money, a portion of the Confederate army was in Holly Springs, and that military orders required the acceptance of Confederate money in payment of debts, and that the provost • marshal at Holly Springs was charged with the duty of arresting persons for refusal to accept this currency, and that some persons had been arrested for it: Held, Such circumstances do not constitute duress.</p>