Dooley v. Smith

Citations

• 80 U.S. 604
• 20 L. Ed. 547
• 13 Wall. 604
• 1871 U.S. LEXIS 1373

Syllabus

<p>1. A plea which states that the sum due on a promissory note is a certain amount, on a certain day, and avers a tender on that day of the sum. due in legal tender notes of the United States, is a good plea of tender.</p> <p>2 In a suit on such note an order of court made by consent that the money might be withdrawn from court, without prejudice to the validity of the tender, cannot be supposed to be the reason why the court held the plea bad on demurrer.</p> <p>3. As the record in this case showed no otheT reason why the Court of Appeals of Kentucky sustained a demurrer to the plea than that it was made in legal tender notes of the United States, it sufficiently appeared that the question of the validity of these notes as a tender was made and decided in the negative.</p> <p>4. This court, therefore, has jurisdiction to review the judgment; and •though the note sued on was made before the passage of the legal tender statutes by Congress, held that the tender was a valid tender, and that the judgment of the court below must be reversed.</p>