Warren v. . Brown

64 N.C. 381

• Court: Supreme Court of North Carolina
• Decided: January 5, 1870
• Status: Published

Opinion

Settle, J.

Are “current notes of the State of North Carolina” the same thing as money, in contemplation of law?

Nothing but coin was a legal tender in payment of a note for money, before the recent acts of Congress. This note bears date June 18th 1862, and is payable “in current notes of the State of North Carolina,” which may mean, .either Treasury Notes of the State, or, notes on various banks of the State. A note, to be negotiable, should be for a sum certain, payable in money, and without conditions. Here the suit was instituted before the adoption of the Code, by a second endorsee, in his own name, on a note not negotiable.

The objection is fatal to the present action.

Pee Cubiam. Judgment reversed.