Public-domain · open source
OpenJurist

48 Tenn. 197

Smith v. Cottrell

Tennessee Supreme Court

Decided September 15, 1870

Tennessee Supreme Court · decided 1870-09-15

PROM CLAIBORNE. Debt, from the Circuit Court of Claiborne County. J. P. Swann, J., presiding. Smith, the plaintiff in error, bought corn of the defendant, and agreed to pay him in bank notes. After-wards, he paid him in Confederate Treasury notes. Cot-trell, the defendant in error, sued the plaintiff in error, for the price of his corn, and insisted that he had been compelled by duress to accept the Confederate currency.

Decided 1870-09-15

Nicholson, C. J.,

¶1delivered the opinion of the Court.

¶2Most of the causes of error relied on by the plaintiff in error, are answered by the fact that the bill of exceptions does not show that it contains all the evidence in the case.

¶3The objection to the proof that plaintiff in error was a rebel, was properly overruled. Whilst such evidence, ■ in general would be irrelevant, and calculated to prejudice a jury, yet in this case, it was a circumstance that might well be looked to, in determining whether defendant in error received the Confederate money under duress.

¶4There is no error in the record; let the judgment be affirmed.

/48/tenn/197 · .json · Public domain