Hull v. Kohlsaat

Citations

• 36 Ill. 130

Syllabus

<p>1. Judgments for money. Judgments are only rendered for a specific sum of money, leaving them to be discharged in whatever has been rightfully made a legal tender for the payment of debts.</p> <p>2. Contracts payable in gold — construction of a contract. A note was given as follows: “Six months after date I promise to pay to Alfred Hull, or order, seventy-five dollars, with ten per cent, interest, without defalcation, for value received in American gold.” It was held, the note was not specifically payable in “American gold.” The language used was construed to mean that the value for which the note was given was that kind of gold, not that the maker would pay in that specific kind of money. The contract was to pay a specified sum of money in dollars, without naming the kind, and was payable in any kind of money that is a legal tender for the payment of debts.</p> <p>3. Had the words “in American gold” immediately followed the word “dollars,” in the note, then it might have been payable in American gold or its equivalent.</p>