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Broderick's Executor v. Magraw, 75 U.S. 8 Wall. 639 639 (1869)

Broderick's Executor v. Magraw

75 U.S. (8 Wall.) 639


In which the principles of the preceding case of Hepburn v. Griswold were affirmed.

The case was this:

Magraw preferred a claim by petition in the Probate Court of the City of San Francisco, upon a note made by Broderick to the petitioner at New York, on the 1st of July, 1858. Broderick dying, his executor defended the suit.

Page 75 U. S. 640

The defense set up by the executor was a tender of the amount due in United States notes.

To this it was answered that the executor had collected the debts due to the estate in coin, and was bound as trustee to pay the coin thus collected to the creditors, and further that the debt was contracted prior to the passage of the Legal Tender Act, and could therefore be satisfied only in coin according to the terms of the contract.

Judgment was rendered in favor of the petitioner, and the judgment was affirmed by the supreme court of the state. From that court it was brought by the other party here.

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