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1 Minor 177

Spain v. Grove

Supreme Court of Alabama

Decided December 15, 1823

Supreme Court of Alabama · decided 1823-12-15

GROVE arid SMITH brought an action of Debt in the Circuit Court of Lauderdale County against Spain, on his promissory Note for one hundred and fifty-three dollars “ in good current money of the State of Tennessee? equal in value to said sum of $ 153. Spain failing to plead, the Circuit Court rendered judgment by nil dicit against him for #153 and #36 80 cents damages.

Decided 1823-12-15

Chief Justice Lipscomb

¶1delivered the opinion of the Court.'

¶2The note, as appears by the declaration, was payable in good current money of the State of Tennessee, of the value to the sum of monéy promised. If it were necessary to empannel a Jury to enquire of the value of the Tennessee currency, the Jury would be bound by the valuation fixed on by the parties; the only inference we can draw from the expressions used in the note is, that if paid in good Tennessee currency, the maker should make the payment equal in value to specie.

¶3Let the judgment be affirmed.

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