Ritchie v. Sweet

Citations

• 32 Tex. 333

Syllabus

<p>1—In 1803 the payee of anote, which was executed, in 1859 and payable in gold, accepted from the maker Confederate money in payment, and surrendered the note to the maker. Held, in the absence of duress, that the transaction was an executed one, and the payee can not maintain a suit for the money specified in the note.</p> <p>3—This court adheres to the principle announced in its previous decisions on contracts and transactions based on Confederate money, viz: If such contracts or transactions remain executory, suits to enforce or execute them will not be entertained by the courts; but, on the other hand, when such contracts or transactions have been executed without duress or fraud, the courts will not maintain suits to rescind or reopen them.</p>