
    Spain against Grove and Smith.
    
      December, 1823.
    On a Note for lione of the rent State of Tennessee, judgment by 153 dollars and interest.
    
      GROVE arid SMITH brought an action of Debt in the Circuit Court of Lauderdale County against Spain, on his promissory Note for one hundred and fifty-three dollars “ in good current money of the State of Tennessee? equal in value to said sum of $ 153. Spain failing to plead, the Circuit Court rendered judgment by nil dicit against him for #153 and #36 80 cents damages.
    On a writ of Error to this Court, among other matters, he assigned as Error, that the note being payable in foreign currency, its value ought to have been found by a Jury.
    
      Coalter, for the plaintiff
    cited, 1 Wash. 369. 2 Wash, 149. 2 Bibb. 364: 4 Dallas, 328.
    
      Martin, for defendant in Error.
   Chief Justice Lipscomb

delivered the opinion of the Court.'

The note, as appears by the declaration, was payable in good current money of the State of Tennessee, of the value to the sum of monéy promised. If it were necessary to empannel a Jury to enquire of the value of the Tennessee currency, the Jury would be bound by the valuation fixed on by the parties; the only inference we can draw from the expressions used in the note is, that if paid in good Tennessee currency, the maker should make the payment equal in value to specie.

Let the judgment be affirmed.  