McKeown v. Beatty (1865) · DecisionDepot

McKeown v. Beatty

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Mar 6, 1865 No. No. 430Published

Before: Currey, Rhodes, Sanderson, Sawyer

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Holding. The court held that a judgment based on a contract executed before the passage of the Legal Tender Acts may be satisfied by payment in treasury notes as specified in those acts.

Issues

Whether a judgment on a pre-existing contract can be satisfied by payment in treasury notes made legal tender by acts of Congress.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the only question is whether the judgment can be satisfied by payment in such treasury notes as are specified in said acts.”

“on the authority of that ease the order appealed from is affirmed.”

Synopsis

APPEAL from Sixth Judicial District, Sacramento County.

SAWYER, J. The contract upon which the judgment was entered having been executed before the passage of the acts of Congress, making treasury notes a legal tender in payment of debts, the only question is whether the judgment can be satisfied by payment in such treasury notes as are specified in said acts.

We have recently decided the question in the case of Higgins v. Bear River and Auburn Water and Mining Company, 27 Cal. 153. And on the authority of that ease the order appealed from is affirmed.

We concur: Currey, J.; Rhodes,'J.; Sanderson, C. J.

McKeown v. Beatty

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