Citation Numbers: 32 Tex. 670
Judges: Morrill, Walker
Filed Date: 7/1/1870
Status: Precedential
Modified Date: 9/2/2021
A want of time for extended comment upon the law and the evidence renders it necessary that this case shall be decided in few words.
The charge of the court was erroneous. The want of con
Such appears to have been the admitted fact, and the court should have so charged the jury.
The judgment is reversed and the cause remanded.
In order that my opinion in this and kindred questions may not be misunderstood, I consider that in all cases where objections were made to receiving payment of a debt in Confederate money during the war, and these objections were made known to the debtor, who however availed himself of the military orders then in force, and thus required the creditor to accept unwillingly such payment, that such pretended payment was null.
Reversed and remanded.