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: 97
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1875.] SHORT v. ABERNATHY. 97
Opinion of the court.
ate money, and that defendants, on default of delivering
the cotton at the maturity of the note, might discharge the
debt by paying the amount of the note in Confederate
money. They also offered to prove a tender of Confederate
notes, and which appellees or their agent refused to
accept, and after the tender and refusal, that the parties
made a new agreement by which the debt was to be discharged
in pork. This evidence was excluded by the
court on plaintiff's objection, as stated in appellants' bill
It could only be necessary to consider the ruling of the
court in excluding evidence of the alleged agreement to
value the cotton in Confederate currency, or to receive
payment in that currency so far as the agreement might
be a defense to the notes on which the suit was brought.
That agreement could not control the rights of the parties
under the alleged contract, to accept pork instead of cotton
in payment of the debt, and which was made after the
debt was due. Nor would the evidence which was excluded
by the court be material in support of -the answer
setting up a failure of consideration, and averring that the
negro man was worthless, in view of the contract for pork,
and which was made after the term of hiring had expired,
and when appellant must have known that the considerajion
If the cotton was not delivered at the time agreed upon,
the promise to pay in money became absolute, and the
holder of the note might have so treated it, unless the contract
was changed by a new one stipulating for payment
in a different mode. (Chevallier v. Buford, 1 Tex., 503;
Baker v. Todd, 6 Tex., 273; Dumas v. Hardwick, 19 Tex.,
On the basis of a contract for Confederate currency, the
evidence offered and excluded in regard to the value of
the currency should have been admitted, not for the purpose
of showing that the contract was void, but to ascer7
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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/m1/105/: accessed March 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .