Rodgers v. Bass

Citations

• 46 Tex. 505

Syllabus

<p>1. Confederate money.—The use of Confederate States notes in private transactions between parties, where it circulated, did not affect such transactions with any taint of illegality or fraud. Within the Confederacy, it was the only circulating medium, and was generally received and passed as money, or tokep of value, by which debts were paid and exchanges effected.</p> <p>2. Same.—Neither executory or executed contracts can be held illegal or void because based on Confederate States treasury notes, and, where of importance in adjudicating such contracts, its value at the time and place where the contract was made should be shown, and tlie effect of payments and investments in it, by agents, representatives, and trustees, must depend in tiie main upon the facts and circumstances of each particular transaction.</p> <p>3. Confederate war—International law.—It is a rule of international law, that wav suspends, for the time, all friendly intercourse between citizens of hostile States; that, while it continues, no kind of business or commercial intercourse can be legitimately transacted, by citizens of the one with those of the other; it dissolves commercial partnerships, at the breaking out of hostilities, between citizens of the States in conflict, and revokes the authority of agents in regard to transactions not agreed upon and in part executed. But war does not suspend authority for the collection of a debt, given previous to the beginning of hostilities, by a citizen of one of the hostile States, to an agent, who, as well as the debtor, resides in the other.</p> <p>4. Power to collect debts.—The power to collect a note, given for the payment of the purchase-money of land, may be inferred from the authority to sell the laud and take the note in payment for it.</p> <p>5. Payment.—In the absence of special instructions to an agent to collect in gold or silver currency, a payment to the agent, in bank bills, or other currency generally taken and used in the payment of