{
  "id": 8683223,
  "name": "JOHN GREEN v. DEMPSEY BROWN",
  "name_abbreviation": "Green v. Brown",
  "decision_date": "1870-06",
  "docket_number": "",
  "first_page": "553",
  "last_page": "554",
  "citations": [
    {
      "type": "official",
      "cite": "64 N.C. 553"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 223,
    "char_count": 2865,
    "ocr_confidence": 0.387,
    "pagerank": {
      "raw": 5.298132930532853e-08,
      "percentile": 0.33467993693840836
    },
    "sha256": "cc12deac7f10d283ac3677a7707fca1a4fbacd484a46c33f872a1dbfd93f096e",
    "simhash": "1:3be6c07e401092a8",
    "word_count": 486
  },
  "last_updated": "2023-07-14T17:28:35.890237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN GREEN v. DEMPSEY BROWN."
    ],
    "opinions": [
      {
        "text": "Settle, J.\nThe bond upon which this suit is brought, was'executed during the war, and if nothing had .been said .as to the currency in which it was solvable, the presumption would have been, under our recent legislation, that it was solvable in Confederate money. Is this presumption rebutted, when the parties in endeavoring to fix a currency in which it may be discharged,' use terms so indefinite as to be unintelligible % We think not.\nThe words \u2018\u2018good, bankable currency\u201d must be interpreted according to the state of the facts and the popular understanding of these terms at the time the note was given Laws v. Rycroft, ante 100.\nFrom this standpoint we have endeavored to reconcile these terms,, but have been unable to do so. Bankable currency may have meant either bank notes, or Confederate Treasury notes, for the banks were dealing in both in 1863 and 1864. But when they prefix the word \u201c good \u201d to the \u201c bankable currency \u201d of that period, we are as unfortunate as the witnesses who were examined to explain these terms, .and confess our inability to understand them. Indeed there was no such thing at that time as \u201c good bankable currency.\u201d They could not have used the word \u201c good \u201d in the sense of par, for none of the currency then used was at par. It may be that they employed, the word \u201cgood\u201d as distinguished from counterfeit; this, however, is all conjecture. But viewing the transaction in the light of that day, we can safely say that they did not intend by these terms to make the bond payable in gold and silver. The result will be, if we discard these words as unintelligible, that the bond will stand like all others of that date, and the presumption will be that it is solvable in Confederate currency; but . as it was given for a horse, that fact may be shown, and the value of the horse will be the value of the contract.\nThere is error. Let this be certified, &c.\nPeb Cttbiam. Neversed.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "'Gilmer, foi the appellant,",
      "Mendenhall and T.. J. Wilson, contra,"
    ],
    "corrections": "",
    "head_matter": "JOHN GREEN v. DEMPSEY BROWN.\nA note for money dated May 9tli 1863, is_ liable'to 'tbe op\u00e9rati\u00f3\u00f1 of the - seals law, notwithstanding that-it is payable in \u201c good bankable currency.\u201d \u25a0 ....\u25a0 .. \u2022 , \u25a0\n(Laws v. Rycroft, ante 100, approved.)\nCovenant, upon a note given as the price of. a horse,\u2022 tried before Cloud, J., at Spring Term 1870, of Davidson, Court.\nThe note, was a plain one, for \u201c four hundred dollars in-good bankable currency,\u201d payable at twelve months', with, interest from .date, and was dated May -9th 1863,\nThe main question below was, whether .it washable to be-scaled, or was payable in specie. \u2022 -Upon-this point witnesses; were, examined; and his Honor charged..the- jury, that if they .were to be believed, the expression, \u201c in good bankable-currency,\u201d meant currency equivalent t,o gold- and silver.\nVerdict and judgment accordingly; .the defendant'appealed,\n'Gilmer, foi the appellant,\nMendenhall and T.. J. Wilson, contra,"
  },
  "file_name": "0553-01",
  "first_page_order": 577,
  "last_page_order": 578
}