Bronson v. Kimpton, 75 U.S. 444 (1869)

U.S. Supreme Court

Bronson v. Kimpton, 75 U.S. 8 Wall. 444 444 (1869) Bronson v. Kimpton

75 U.S. (8 Wall.) 444

APPEAL FROM THE COURT

OF APPEALS OF NEW YORK

Syllabus

The cases of Bronson v. Rodes and Butler v. Horwitz, 7 Wall. 74 U. S. 229 and 74 U. S. 258, affirmed.

Kimpton filed a bill against Bronson in one of the state courts of New York to compel satisfaction of a mortgage executed by him to Bronson on the ground that it had been paid. The mortgage was given to secure a bond for the payment of a certain sum in gold and silver coin, lawful money of the United States. The payment relied on was a tender of United States notes equal in nominal amount to the sum due on the bond and mortgage. The supreme court of New York held the tender sufficient, and adjudged satisfaction, and this judgment was affirmed by the Court of Appeals, and was now here for review.

Page 75 U. S. 445

THE CHIEF JUSTICE delivered the judgment of this Court to the effect that the questions being no other than those already fully considered and determined in the cases referred to by the counsel, this case was necessarily

Reversed, and would be remanded for further proceedings.