Fretz v. Stover

Citations

• 89 U.S. 198
• 22 L. Ed. 769
• 22 Wall. 198
• 1874 U.S. LEXIS 1262

Syllabus

<p>1. The point eannot be first made in this court that no replication has been made to an answer in chancery, and, therefore, that the answer is to be taken as conclusively true in all points. If such a point is meant to bo insisted on here, it should have been made in the court below.</p> <p>2. New defences, i. e., defences not made in an answer to the original bill, cannot be first set up in an answer to a bill of revivor. Such bill puts in issue nothing but the character of the new party brought in.</p> <p>3. After the late rebellion broke out, debtors in the rebellious States had no right to pay to the agents or trustees of their creditors in the loyal States, debts due to these last in any currency other than legal currency of the United States. Payment in Confederate notes or in Virginia bank notes (security for whose payment was Confederate bonds, and which notes like the bonds themselves never, after the rebellion broke out, were safe, and before it closed had become worthless), held to have been no payment, and the debtor charged de novo.</p>