Miller versus Leonard, et al.

Miller versus Leonard, et al. THIS was an action of debt on a bond for £250, dated the 7th of May 1776. On the 16th of September 1778, a payment had been made of £150, in Continental money ; and the question now brought before the Court was, whether this payment should be reduced and liquidated, according to the specie value of Continental money, at the time of paying it ? For the plaintiff, it was contended, that the act of Assembly (1 Vol. Dall. Edit. p. 880.) does not extend to any contracts, but such as were made between the 1st of January 1777, and the 1st of March 1781 ; and that, consequently, the payment in the present instance was not affected by the provision in the 4th sect, that “ the Auditors shall not have power or authority, in cases where partial payments have been made in money then current, to reduce such payment.” Read and Biddle for the plaintiff, Clymer and Thomas for the defendant. Decided at Easton Nisi Prius, on the 1st of October 1795, before Yeates and Smith, Justices. [MAJORITY] But the Court thought it unnecessary to hear the defendant’s counsel, conceiving it to be clear and settled, that the payment in the present case, ought not to be reduced by the scale of depreciation.