Ransom v. Alexander

Citations

• 31 Tex. 443

Syllabus

<p>Where a party deposited a promissory note with a bailee, without any instructions to collect it, and the bailee afterwards received from the maker payment in the treasury notes of the Confederate States, it did not discharge the maker.</p> <p>Admitting that the bailee was an agent, he was only authorized to receive payment in lawful currency; no other payment will bind the principal.</p> <p>The Confederate notes were an illegal and treasonable currency, and the attempted payment in such was known to the debtor to be an illegal act.</p> <p>The defendant received the notes after his return in 1866. He remarked to his agent that he would have no difference with him; but that if the defendant did not make it right, as the bailee had told him he must do, he should always think he ought. This is no acquiescence. An acquiescence, where there was no consideration for it, would have to be very affirmatively proved.</p> <p>No compliance with a law, rule, or act, designed to aid in the establishment of the independence of the Confederate States, can furnish any defense against a lawful demand.</p>