Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 95
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1875.] SHORT v. ABERNATHY. 95
Statement of the case.
2. CONFEDEIRATE MONEY.-In a suit on an obligation for Confederate
money, evidence is admissible to show the value of Confederate
States money to ascertain the amount due in lawful money.
3. A new agreement, after breach and tender under such new contract,
is a defense to an action upon the contract settled by such new con-.
APPEAL from Titus. Tried below before the lion. J. D.
An-andaMi. Abernathy,joined with her husband, brought
suit upon a contract made with her before her marriage
against R. Short and T. J. Aikin.
The contract was evidenced by two instruments, alike
save in the sum, one being for one hundred dollars and
one for fiftv dollars. One is as follows:
"$100. On the 25th of December next, we or either
of us promise to pay Amanda M. Moreland, or bearer,
one hundred dollars for hire of Moses for the present year,
to be paid in good middling cotton, delivered in Jefferson,
well baled, at nine cents per pound, by the above date.
' January 1, 1862.
"T. J. AIKIN,
" W. J. FLINN.:"
The defendants pleaded that the hire of the negro was
estimated and payable in Confederate money in the failure
to deliver the cotton; that the defendant, Short, had tendered
the money as contracted for; that subsequent to the
tender and refusal to accept the Confederate bills, defendants
had agreed with plaintiff to pay the debt in pork,
and tender by defendant of the pork; and that the negro
The plaintiffs read the obligations sued on and closed.
Defendants offered to prove that the value of the services
of the negro Moses was estimated in Confederate
States money, and tender of same, and the subsequent
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/103/: accessed December 13, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .