Taylor v. Turley

Bartol, C. J., and Grason and Alvey, J., concurred in the opinion that the judgment ought to be affirmed on the ground that by the construction of the note, the amount secured thereby was payable in current bankable funds at the time and place for the pérformance of the contract; and because there is nothing disclosed by the extrinsic proof, even if the same could properly be considered for that purpose, which varies the meaning of the contract itself. Brent, Maulsby and Robinson, J., dissented; being of opinion that the note, according to its terms, when construed in the light of the facts and circumstances disclosed by the evidence, was payable in Confederate currency, and that the appellee is therefore entitled to recover only an equivalent value in the lawful money of the United States, in accordance with the decision of the Supreme Court in Thorrington vs. Smith, 8 Wallace, 1