DEWING
v.
SEARS

U.S. | 1870-12-01
11 Wall. 379 Supreme Court of the United States (1870) Positive Treatment
Also reported at: 20 L. Ed. 189 · 1870 U.S. LEXIS 1485 · SCDB 1870-111
Cited by 4 cases
Opinion of the Court
Mr. Justice STRONG

Mr. Justice STRONG delivered the opinion of the court.

The contract in these eases was for the payment or delivery of a specified weight of pure gold, solvable in coined money. They are, therefore, governed by the decisions-heretofore made by this court in Bronson v. Rodes, and Butler v. Horwitz. It follows that the judgments entered in the Superior Court were erroneous. They should have been entered for coined dollars and parts of dollars, instead of treasury notes equivalent in market value to the value in coined money of the stipulated weight of pure gold.

Judgment in each case reversed, and the causes remanded with instructions to enter judgment in accordance with the

Foregoing opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Norman v. Baltimore & Ohio R.R. Co., 294 U.S. 240 (U.S. 1935)
    …use but its nullification.3 [*300] The decisions of this Court relating to clauses for payment in gold did not deal with situations corresponding to those now presented. Bronson v. Rodes, 7 Wall. 229; Butler v. Horwitz, 7 Wall. 258; Dewing v. Sears, 11 Wall. 379; Trebilcock v. Wilson, 12 Wall. 687; Thompson v. Butler, 95 U. S. 694; Gregory v. Morris, 96 U. S. 619. See, also, The Vaughan and Telegraph, 14 Wall. 258; The Emily Souder, 17 Wall. 666. The rulings, upholding gold clauses and determining their eff…
  • Perry v. United States, 294 U.S. 330 (U.S. 1935)
    …Morris was willing to accept a judgment which might be discharged in currency, to have his damages estimated according to the currency value of bullion.” Earlier cases—Bronson v. Rodes, 7 Wall. 229; Butler v. Horwitz, 7 Wall. 258; Dewing v. Sears, 11 Wall. 379; Trebilcock v. Wilson, 12 Wall. 687; Thompson v. Butler, 95 U. S. 694—while important, need not be dissected. Gregory v. Morris is in harmony with them and the opinion there definitely and finally stated the doctrine which we should apply. It is tr…

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