Public-domain · open source
OpenJurist

Confederate Money

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Contracts made during the rebellion in Confederate money may be enforced in the United States courts, and parties compelled to pay in lawful money of the United States the actual value of the notes at the time and place of contract; Efflnger v. Kenney, 115 U. S. 5GG, G Sup. Ct. 170. 2!) L. Ed. 495; and when payment was accepted and receipted for by the creditor, it was held to be a valid payment; Glasgow v. Lipse, 117 U. S. 327, G Sup. Ct. 757, 29 L. Ed. 901. These notes were currency imposed upon the community by irresistible force, aud it must be considered in the courts of law the same as if it had been issued by a foreign government temporarily (U. S.) 1, 19 L. Ed. 361; and a contract payable in such notes was not invalid; Ilanauer v. Woodruff, 15 Wall. (TJ. S.i 448, 21 I Confederal 556, 22 I.. Ed. 106; Sb... Ill r. s. 50, 4 Sup. Ct 283, 28 L. Ed. v. Lillo. 103 U. S. T'.il'. 26 L. I art v. Salamon, 94 Q. S. 434, 21 L. Ed Rives v. Duke, 105 U. S. 132, 26 I. but where a contract was entered in; fore the war, and the deferred came due and were discharged with depre- I currency, it was held, as against the non-ratification of the payment, to be void; Opie v. Castleman, 32 Fed. 511. After one has accepted payment in Confederate money and ao in the transaction for fifteen years, 1. eluded by laches from disputing its validity; Washington v. Opie, 145 U. s. 214, 12 s,, 36 !.. Ed. 680. Where payment was made in L864 in such money, it was sufficie eration though it afterwards 1 came worthless; Dohoney v. Womack, l Tex. Civ. App.:;54, 19 S. W. 883, 20 S. W. 950. The act of a fiduciary in accepting Confederate money in payment of debts due the estate and inig the proceeds in bonds of the Confederate States issued for the avowed purpose of waging war against the United wholly illegal; Opie v. Castleman, 32 Fed. 511.