Money

gold and silver coin, all forms of currency, and all deposits subject to withdrawal on demand.

Defined by the Supreme Court in State of Minnesota v. First Nat Bank of St Paul, 273 U.S. 561 (1927).

A representative of value, established by law, and made a legal tender in the payment of debts. 65 N. C. 415.

In a strict sense, gold and silver coin. Const. U. S. art. 1, §§ 8, 10. See 44 Tex. 622.

In a broader sense, the common medium of exchange in a civilized nation. 45 Tex. 309; 5 Humph. (Tenn.) 15. The term is used to designate the whole volume of the medium of exchange, recognized by law or the custom of merchants. 34 Fed. 681. It is generally held to include banknotes. 3 Mass. 403; 71 Ala. 544; 47 Wis. 557. But see, contra, 3- Conn. 534. As used in wills, it has been construed as synonymous with personalty, to effect the intent of the testator. Jarm. Wills, c. 24.

Gold and silver coins. The common medium of exchange in a civilized nation. There is some difl'erence of opinion as to the etymology of the word money; and writers do not agree as to its precise meaning. Some writers define it to be the common medium of exchange among civilized na- I tions; but in the United States constitution there is a provision which has been supposed to make it synonymous with coins: “The congress shall have power to t;oin money.’’ Art 1, sect. 8. Again: “No state shall coin money, or make anything but gold and silver a legal tender in payment of debt.” Art. 1, sect. 10. Hence the money of the United States consists of gold and silver coins. And so well has the congress maintained.this point, that the copper coins heretofore struck, and the nickel cent of recent issues, although authorized to “pass current,” are not money in an exact sense, because they are not made a legal tender beyond twentyfive cents. The question has been made whether a paper currency can be constitutionally authorized by congress and constituted a legal tender in the payment of private debts. Such a power has been exercised and adjudged valid by the highest tribunal of several of the states, as well as by congress in the legal-tender acts of 1862 and 1863. See Legal Tender; 1 Am. L. Reg. N. S. 653; 11 id. 618; 12 id. 601; Klauber v. Biggerstaff, 47 Wis. 651, 3 N. W. 357, 82 Am. Rep. 773. For many purposes, bank-notes; 1 Y. & J. 380; Floyd v. Day, 3 Mass. 405, 3 Am. Dec. 171; Willie V. Green, 2 N. H. 333; State v. Kube, 20 Wis. 217, 91 Am. Dec. 390; Ainsiie V. Wilson, 7 Cow. (N. Y.) 662, 17 Am. Dec. 532; Rice v. Jones, 71 Ala. 654; Waterman V. Waterman, 34 Mich. ^0; treasury notes and national bank notes Woodruff v. State, 66 Miss. 298, 6 South. 235; greenbacks; Ex parte Prince, 27 Fla. 196, 9 South. 669, 26 Am. St. Rep. 67; a checjc; 4 Bingh. 179; negotiable notes; Floyd v.' Day, 8 Mass. 405, 3 Am. Dec. 171; securities; Hinckley v. Primm, 41 111. App. 579; and bonds; Smith’s Estate, 19 Pa. C. 0. R. 616; will be considered as money. But, ordinarily, standing in a bequest of money it has been held to include personal property; Sweet v. Burnett, 66 Hun 169, 20 N. T. Supp. 24; see Gillen v. Kimball, 34 Ohio St. 352. But a charge that the defendant set up and kept a faro bank, at which money was bet, etc., is not sustained by proof that bank-notes were bet, etc.; Pryor v. Com., 2 Dana (Ky.) 298; or where there is an Indictment for the larceny of lawful money of the United States, evidence of the larceny of national bank notes, does not warrant a conviction; Hamilton v. State, 60 Ind. 193, 28 Am. Rep. 653. To support a count for money had and received, the receipt by the defendant of bank-notes, promissory notes; Fairbanks v. Blackington, 9 Pick. (Mass.) 93; Buck v. Appleton, 14 Me. 285; Tuttle V. Mayo, 7 Johns. (N. T.) 132; credit in account In the books of a third person; 8 Oampb. 199; or any chattel, is sulllcient; Mason v. Waite, 17 Mass. 560; and will be treated as money. See Morrison v. llerkey, 7 S. & R. (Pa.) 246; 3 B. & P. 559; Menear v. State, 30 Tex. App. 475, 17 S. W. 1082; Miller v. Mc Kinney, 5 Lea (Tenn.) 96. The mutilation of coins is forbidden by law.

A general, indefinite term for the measure and representative of value; currency; the circulating medium; cash. "Money" is a generic term, and embraces every description of coin or bank-notes recognized by common consent as a representative of value in effecting exchanges of property or payment of debts. Hopson v. Fountain, 5 Humph. (Tenn.) 140. Money is used in a specific and also in a general and more comprehensive sense.

In its specific sense, it means what is coined or stamped by public authority, and has its determinate value fixed by governments.

In its more comprehensive and general sense, it means wealth,— the representative of commodities of all kinds, of lands, and of everything that can be transferred in commerce. Paul v. Ball, 31 Tex. 10.

In its strict technical sense, "money" means coined metal, usually gold or silver, upon which the government stamp has been impressed to indicate its value.

In its more popular sense, "money" means any currency, tokens, banknotes, or other circulating medium in general use as the representative of value. Kennedy v. Briere, 45 Tex. 305. The term "moneys" is not of more extensive signification than "money," and means only cash, and not things in action. Mann v. Mann, 14 Johns. (N. Y.) 1, 7 Am. Dec. 416.

— Money-bill. In parliamentary language, an act by which revenue is directed to be raised, for any purpose or in any shape whatsoever, either for governmental purposes, and collected from the whole people generally, or fur the benefit of a particular district, and collected in that district, or for making appropriations. Opinion of Justices, 126 Mass. 547; Northern Counties Inv. Trust v. Sears, 30 Or. 388, 41 Pac. 931, 35 L. R. A. 188.

— Money claims. In English practice. Under the judicature act of 1875, claims for the price of goods sold, for money lent, for arrears of rent, etc., and other claims where money is directly payable on a contract express or implied, as opposed to the cases where money is claimed by way of damages for some independent wrong, whether by breach of contract or otherwise. These "money claims" correspond very nearly to the "money counts" hitherto in use. Mozley & Whitley.

— Money demand. A claim for a fixed and liquidated amount of money, or for a sum which can be ascertained by mere calculation; in this sense, distinguished from a claim which must be passed upon and liquidated by a jury, called "damages." Roberts v. Nodwift, 8 Ind. 341; Mills v. Long, 58 Ala. 460.

— Money land. A phrase descriptive of money which is held upsn a trust to convert it into land.

— Money lent. In pleading. The technical name of a declaration in an action of assumpsit for that the defendant promised to pay the plaintiff for money lent.

— Money made. The return made by a sheriff to a writ of execution, signifying that he has collected the sum of money required by the writj

— Money of adieu. In French law. Earnest money; so called because given at parting in completion of the bargain. Arrhes is the usual French word for earnest money; "money of adieu" is a provincialism found in the province of Orleans. Poth. Cont. 507

— Money order. Under the postal regulations of the United States, a money order is a species of draft drawn by one post-office upon another for an amount of money deposited at the first office by the person purchasing the money order, and payable at the second office to a payee named in the order. See U. S. v. Long (C. C.) 30 Fed. 679.

— Money-order office. One of the post-offices authorized to draw or pay money orders.

— Money paid. In pleading. The technical name of a declaration in assumpsit, in which the plaintiff declares for money paid for the use of the defendant.

— Public money. This term, as used in the laws of the United States, includes all the funds of the general government derived from the public revenues, or intrusted to the fiscal officers. See Branch v. United States, 12 Gt. Cl. 281.

— Moneyed capital. This term has a mpre limited meaning than the term "personal property," and applies to such capital as is readily solvable in money. Mercantile Nat. Bank v. New York, 121 U. S. 138, 7 Sup. Ct. 826, 30 L. Ed. 895.

— Moneyed corporation. See Corporation. As to money "Broker," "Count," "Judgment," and "Scrivener," see thosfe titles.

The lawful circulating medium of a country; strictly and technically, coin, usually gold and silver, stamped by government to indicate its value; more broadly, any currency, whether coin, tokens, bank notes or other circulating medium in general use as a repreassumpsit, founded on an implied promise to pay money, including the counts for money had, money lent, money paid and money due on insimul computassent

A tax upon chimneys or hearths; an ancient tax or duty upon houses in England, now repealed.

An universal medium, or common standard, by comparison with which the value of all merchandise may be ascertained; a sign which represents the respective values of all commodities, i In its strict technical sense, coined metal, usually gold or silver, upon which the government stamp has been imposed to indicate its value; in its more popular sense, any currency, tokens, bank-notes, or other circulating medium, in general use as the representative of value.2 A generic term; includes, but is not confined to, coin; whatever is lawfully and actually current in buying and selling, of the value and as the equivalent of coin. By universal consent, bank-notes, lawfully issued, actually current at par in lieu of coin, are money. "Paper money" is as accurate an expression as "coined money." ' The lawful currency of a country; that which may be tendered and must be received in discharge of a subsisting debt.* A simple bequest of " money " will not carry securities. When it can be gathered from the will that the testator used the word in the sense of personal estate, that intention will be given effect.' Power to coin and regulate the value of money is one of the ordmary prerogatives of sovereignty. The power is vested in the national government in order to produce uniformity of value and to prevent the embarrassment of a perpetually fluctuating medium." Lawful m.oney. " Lawful money of the United States " is lawful money of any State or Territory.' ■1 Bl. Com. 276, 329; 2 id. 446; 3 id. 231; 2 Story, Const. § 1118. 2 Kennedy t'. Briere, 45 Tex. 309 (1876), Moore, A. J.; Block V. State, 44 id. 622 (1876). >Klauber u. Biggerstaff, 47 Wis. 657 (1879), Eyan, Chief Justice. < Morris v. Edwards, 1 Ohio, 204 (1823). See also 2 Cranch, C. C. 43; 3 T. B. Mon. 100; 15 Pick. 173; 34 Mich. 490; 6 N. J. L. 826; 5 Humph. 140; 71 Ala. 554. BQlendenning u. Glendenning, 9 Beav. 334 (1846); Eogers v. Thomas, 2 Keen, *S (1837); Dowson v. Gaskoin, ib. *14 (1837); Smith v. Davis, 1 Grant, 158 (1858); Paul i>. Ball, 31 Tex. 10 (1868); Blood v. Fairbanks, 48 Cal. 171 (1874); Smith v. Burch, 93 N. Y. 231-34 (1883), cases; 2 Eedf. Wills, 111, 437; Jarm. Wills, Ch. 24; 2 Williams, Ex. 1025. ' 2 Story, Const. § 1123; Legal Tender Cases, 13 Wall. 602(1870); 1 Bl. Com. 276. Nothing is "lawful money of the United States " but gold or silver coin, United States treasury notes, or fractional currency. National bank notes are not such money. ^ See further Tender, 2, Legal. The notes issued by the Confederate States had no real value; they were made current as dollars by irresistible force. They were the only measure of value the people had, and their use was a matter of almost absolute necessity. This use gave them a sort of value, insignificant and precarious' enough it is true, but always having a sufficiently definite relation to gold and silver, the uniform measure of va,lue, that it was always easy to ascertain how much gold and silver was the equivalent of a sum expressed in this currency. The notes were considered as if issued by a foreign government temporarily occupying our territory. Contracts for payments in this currency were not regarded for that reason only, as made in aid of the foreign invasion in the one case, or of the domestic insun-ection in the other. They had no necessary relation to the hostile government. They 'were transactions in the. ordinary course of civil society, and, though they might indirectly and remotely have promoted the ends of the imlawful government, were without blame, except when proved to have been entered into with an actual intent to further invasion or insurrection. Such contracts should be enforced after the restoration of peace.'' Deferred payments under a contract for the sale of land, made in 1856, came due during the war and were paid to the representative of the vendor in Confederate money. Held, that, as against the heirs of the vendor who did not ratify it, the payment did not extinguish the indebtedness; that lawful money of the United States was contemplated.^ Money bills. In the constitution of Massachusetts, bills before the legislature that transfer money or property from the people to the State; not bills that appropriate from the treasury of the State. Bills for revenue.* Money counts. Claims in an action of assumpsit (q. v.) for money expended in behalf of the defendant or received by him for the plaintiff. 5 See Count, 4 (1), Common. Money judgment. A judgment for a sum of money, rather than for other property. Opposed to personal judgment. Money made. See Make, 7. 1 Hamilton v. State, 60 Ind. 194 (1877). 2 Thornington v. -Smith, 8 Wall. 11-13 (1868), Chase, C. J.; Efflnger v. Kenney, 115 U. S. 566, 669-76 (1886); Wilmington, &c. R. Co. v. King, 91 id. 3 (1875); Stewart V. Salamon, 94 id. 484 (1876); Cook v. Lillo, 103 id. 792(1880); Rives v. Duke, 105 id. 140 (1881). > Opier. Castleman, 32 F. R. 511 (1887), Jackson, J. Money-order. The act of June 8, 1872, c. 355, provided for the establishment of the money-order system of the United States, i Moneyed capital. As used in Rev. St., § 5319, forbidding a State to tax shares of stock in national banks at a greater rate than is assessed upon other " moneyed capital " in the hands of individual citizens of the State, embraces capital employed in national banks, and capital employed by individuals when the object! of their business is the making of profit by the use of their moneyed capital as money. It does not include moneyed capital in the hands of a corporation, even if its business be such as to mak& its shares moneyed capital when in the hands of individuals, or if it invests its capital in securities payable in money.2 Moneyed corporation. See Coepoea-

Gold, silver and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weizht and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, marked with a stamp which attests their value; this iscalled money. 1 Inst. 207; 1 Hale’s Hist. 183; 1 Pardess. n. 22. The constitution of the United States has vested in congress the power “to coin money, and regulate the value thereof.” Art. 1,8. 8. By virtue of this constitutional authority the following provisions have been enacted by congress. _ 1. Act of April 2, 1792, 1 Story’s