
    Samuel Fluitt vs. Sarah A. Nelson, Adm’x.
    
      Scaling — Payment.
    Where the debt was contracted in 1859, and part payment in Confede rate currency was made in 1868, the creditor is not entitled to have the amount of the payment reduced to its value in National currency.
    BEFORE GLOVER, J., AT WILLIAMSBURG, FALL TERM, 1867.
    The plaintiff sued in assumpsit on a promissory note, drawn by Thomas S. Nelson, the defendant’s intestate, for the sum of four hundred and thirty-five dollars, dated January 31st, 1859. The following receipt was offered in evidence: “ Eeceived 21st September, 1863, of Thomas S. Nelson, three hundred and fifty dollars and three cents, to be placed as a credit on a note of his, payable to S. Fluitt, in my bands for somewhere about four hundred dollars. I cannot find said note, nor two accounts which T paid for said Thomas S. Nelson. When these are found, a settlement is to be made between us.
    
      “ (Signed) E. J. Poster.”
    It was admitted that the note sued on was the one referred to in the receipt, and that the money paid was in Confederate currency. A motion was made to ascertain the value of Confederate money in 1863, and that the credit should be allowed according to that ascertainment. His Honor overruled the motion, and by his direction the jury found a verdict, allowing the credit specified in the receipt, without any reduction.
    The plaintiff appealed on the ground :
    Because it is respectfully submitted that the credit of $350.03, paid towards this note on the 21st September, 1863, having been paid in Confederate treasury notes, should be reduced to the value of the present currency, before the same could be deducted from said note, and that his Honor erred in ruling otherwise.
    
      Dozier and Porter, for the motion;'
    
      Pressley, contra.
   The opinion of the Court was delivered by

Dunkin, O. J.

The case substantially is, that the plaintiff’ holding the note of the intestate, Thomas S. Nelson, dated 31st January, 1859, for four hundred and thirty-five dollars, received from the maker on 21st September, 1863, three hundred and fifty dollars and three cents, in Confederate currency, and, on that day, endorsed on the note a credit' for three hundred and fifty dollars and three cents. If the plaintiff himself had given the receipt, which his authorized attorney gave, such would be the construction and effect. The only contract, which the plaintiff sought to enforce, was made in January, 1859, and it would be difficult to maintain that the ordinance of the Convention has any application. But if the note had been dated, or was payable, in January, 1862, and such payment was made and received, and credit cotemporaneously endorsed, this Court has ruled in Austin vs. Kinsman, (13 Rich. Eq. 259,) heard at this term, that the holder of the bond or note was not entitled to have the payment scaled which he had voluntarily received, and credited accordingly.

The motion is dismissed.

Wardlaw and Inglis, A. JJ., concurred.

Motion dismissed.  