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1 Cal. Unrep. 190

McKeown v. Beatty

California Supreme Court

Decided March 6, 1865

California Supreme Court · decided 1865-03-06

<p>Payment — Legal Tender Act. — A Judgment on a Contract entered into before the passing of the national legal tender acts is payable in such treasury notes as are specified in such acts, unless the contract expressly provided for payment in gold.</p>

Relies on Higgins v. Bear River & Auburn Water & Mining Co.

Decided 1865-03-06

SAWYER, J.

¶1The 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.

¶2We 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.
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