Gibson v. . Groner

63 N.C. 10

• Court: Supreme Court of North Carolina
• Decided: June 5, 1868
• Status: Published

Opinion

Eeadb, J.

In the present condition of the Government and the Courts and as the process of the Courts is now controlled, a plaintiff in execution can only collect currency, i. e. United States Treasury notes.

In assessing damages therefore, in any given case, justice requires that the jury should consider that fact, and that their verdict should be for the value of the demand in currency. If the demand be for a horse, and the horse is worth $100 in coin, and $150 in currency, the verdict ought to be for $150.

In applying that principle to this case, the plaintiff is entitled to a verdict for the amount of the value of the gold which he deposited, in currency — i. e., to the nominal amount of the gold coin, with the depreciation of the currency added.

There is error.

Per Curiam. Venire de novo.