2.
For many purposes, bank notes; (q. v.) 1 Y. & J, 380; 3 Mass. 405;
14 Mass. 122; 2 N. H. Rep. 333; 17 Mass. 560; 7 Cowen, 662; 4 Pick. 74;
Bravt. 24; a check; 4 Bing. 179; S. C. 13 E. C. L. R. 295; and
negotiable notes; 3 Mass. 405; will be so considered. To support a count
for money had and received, the receipt by the defendant of bank notes,
promissory notes: 3 Mass. 405; 3 Shepl. 285; 9 Pick. 93; John. 132;
credit in account, in the books of a third person; 3 Campb. 199; or any
chattel, is sufficient; 4 Pick. 71; 17 Mass. 560; and will be treated as
money. See 7 Wend. 311; 8 Wend. 641; 7 S. & R. 246; 8 T. R. 687; 3
B. & P. 559; 1 Y. & J. 380.
3.
The constitution of the United States has vested in congress the power
"to coin money, and regulate the value thereof." Art. 1, s. 8.
4. By virtue of this constitutional authority, the following provisions have been enacted by congress.
1. Act of April 2, 1792, 1 Story's L. U. S. 229.
1.
9. That there shall be from time to time, struck and coined at the said
mint, coins of gold, silver, and copper, of the following
denominations, values, and descriptions, viz: Eagles; each to be of the
value of ten dollars, or units, and to contain two hundred and
forty-seven grains and four-eighths of a grain of pure, or two hundred
and seventy grains of standard, gold. Half eagles; each to be of the
value of five dollars, and to contain one hundred and twenty-three
grains and six-eighths of a pure, or one hundred and thirty-five grains
of standard gold. Quarter eagles; each to be of the value of two dollars
and a half dollar, and to contain sixty-one grains and seven-eighths of
a grain of pure, or sixty-seven grains and four-eighths of a grain of
standard gold. Dollars, or units; each to be of the value of a Spanish
milled dollar, as the same is now current, and to contain three hundred
and seventy-one grains and four-sixteenth parts of a grain of pure, or
four hundred and sixteen grains of standard silver. Half dollars; each
to be of half the value of the dollar or unit, and to contain one
hundred and eighty-five grains and ten-sixteenth parts of a grain of
pure, or two hundred and eight grains of standard, silver. Quarter
dollars; each to be of one-fourth the value of the dollar, or unit, and
to contain ninety-two grains and thirteen-sixteenth parts of a grain of
pure, or one hundred and four grains of standard, silver. Dimes; each to
be of the value of one-tenth of a dollar, or unit, and to contain
thirty-seven grains and two sixteenth parts of a grain of pure, or
forty-one grains and three-fifth parts of a grain of standard, silver.
Half dimes; each to be of the value of one-twentieth of dollar, and to
contain eighteen grains and nine-sixteenth parts of a grain of pure, or
twenty grains and four-fifth parts of a grain of standard, silver.
Cents; each to be of the value of the one-hundredth part of a dollar,
and to contain eleven pennyweights of copper. Half cents; each to be of
the value of half a cent, and to contain five pennyweights and, a half a
pennyweight of copper.
5.
- 10. That upon the said coins, respectively, there shall be the
following devises and legends, namely: Upon one side of each of the said
coins there shall be an impression emblematic of liberty, with an
inscription of the word liberty, and the year of the coinage; and, upon
the reverse of each of the gold and silver coins, there shall be the
figure or representation of an eagle, with this inscription, "United
States of America:" and, upon the reverse of each of the copper coins
there shall be an inscription which shall express the denomination of
the piece, namely, cent or half cent, as the case may require.
6.
- 11. That the proportional value of gold to silver in all coins which
shall, by law, be current as money within the United States, shall be as
fifteen to one, according to quantity in weight, of pure gold or pure
silver; that is to say, every fifteen pounds weight of pure silver shall
be of equal value in all payments, with one pound weight of pure gold;
and so in proportion, as to any greater or less quantities of the
respective metals.
7.
- 12. That the standard for all gold coins of the United States, shall
be eleven parts fine to one part alloy: and accordingly, that eleven
parts in twelve, of the entire weight of each of the said coins, shall
consist of pure gold, and the remaining one-twelfth part of alloy; and
the said alloy shall be composed of silver and copper in such
proportions, not exceeding one-half silver, as shall be found
convenient; to be regulated by the director of the mint for the time
being, With the approbation of the president of the United States, until
further provision shall be made by law. And to the end that the
necessary information may be had in order to the making of such further
provision, it shall be the duty of the director of the mint, at the
expiration of a year after commencing the operations of the said mint,
to report to congress the practice thereof during the said year,
touching the composition of the alloy of the said gold coins, the
reasons for such practice, and the experiments and observations which
shall have been made concerning the effects of different proportions of
silver and copper in the said alloy.
8.-
13. That the standard for all silver coins of the United States, shall
be one thousand four hundred and eighty-five parts fine to one hundred
and seventy-nine parts alloy; and, accordingly, that one thousand four
hundred and eighty-five parts in one thousand six hundred and sixty-four
parts, of the entire weight of each of the said coins, shall consist of
pure silver, and the remaining one hundred and seventy nine parts of
alloy, which alloy shall be wholly of copper.
9. - 2. Act of June 28, 1834, 4 Sharsw. cont. of Story's Laws U. S. 2376.
1.
That the gold coins of the United States shall contain the following
quantities of metal, that is to say: each eagle shall contain two
hundred and thirty-two grains of pure gold, and two hundred and
fifty-eight grains of standard gold; each half-eagle, one hundred and
sixteen grains of pure gold, and one hundred and twenty-nine grains of
standard gold; each quarter eagle shall contain fifty-eight grains of
pure gold, and sixty-four and a half grains of standard gold; every such
eagle shall be of the value of ten dollars; every such half eagle shall
be of the value of five dollars; and every such quarter eagle shall be
of the value of two dollars and fifty cents; and the said gold coins
shall be receivable in all payments, when of full weight, according to
their respective values; and when of less than full weight, at less
values, proportioned to their respective actual weights.
10.
- 2. That all standard gold or silver deposited for coinage after the
thirty-first of July next, shall be paid for in coin under the direction
of the secretary of the treasury, within five days from the making of
such deposit, deducting from the amount of said deposit of gold and
silver, one-half of one per centum: Provided, That no deduction shall be
made unless said advance be required by such depositor within forty
days.
11.
- 3. That all gold coins of the United States, minted anterior to the
thirty-first day of July next, shall be receivable in all payments at
the rate of ninety-four and eight-tenths of a cent per pennyweight.
12.
- 3. Act of January 18, 1837, 4 Sharsw. cont. of Story's Laws U. S.
2524. 9. That of the silver coins, the dollar shall be of the weight of
four hundred and twelve and one-half grains; the half dollar of the
weight of two hundred and six and one-fourth grains; the quarter dollar
of the weight of one hundred and three and one-eighth grains; the dime,
or tenth part of a dollar, of the weight of forty-one and a quarter
grains; and the half dime, or twentieth part of a dollar, of the weight
of twenty grains, and five-eighths of a grain. And that dollars, half
dollars, and quarter dollars, dimes and half dimes, shall be legal
tenders of payment, according to their nominal value, for any sums
whatever.
13.
- 10. That of the gold coins, the weight of the eagle shall be two
hundred and fifty-eight grains; that of the half eagle, one hundred and
twenty-nine grains; and that of the quarter eagle, sixty-four and
one-half grain;. And that for all sums whatever, the eagle shall be a
legal tender of payment for ten dollars; the half eagle for five dollars
and the quarter eagle for two and a half dollars.
14.-
11. That the silver coins heretofore issued at the mint of the United
States, and the gold coins issued since the thirty-first day of July,
one thousand eight hundred and thirty-four, shall continue to be legal
tenders of payment for their nominal values, on the same terms as if
they were of the coinage provided for by this act.
15.
- 12. That of the copper coins, the weight of the cent shall be one
hundred and sixty-eight grains, and the weight of the half cent eighty
four grains. And the cent shall be considered of the value of one
hundredth part of a dollar, and the half cent of the value of one
two-hundredth part of a dollar.
16.
- 13. That upon the coins struck at the mint, there shall be the
following devices and legends; upon one side of each of said coins,
there shall be an impression emblematic of liberty, with an inscription
of the word LIBERTY, and the year of the coinage; and upon the reverse
of each of the gold and silver coins, there shall be the figure or
representation of an eagle, with the inscription United States of
America, and a designation of the value of the coin; but on the reverse
of the dime and half dime, cent and half cent, the figure of the eagle
shall be omitted.
17.
- 38. That all acts or parts of acts heretofore passed, relating to the
mint and coins of the United States, which are inconsistent with the
provisions of this act, be, and the same are hereby repealed.
18. - 4. Act of March 3, 1825, 3 Story's L. U. S. 2005.
20.
That, if any person or persons shall falsely make, forge, or
counterfeit, or cause or procure to be falsely made, forged, or
counterfeited, or willingly aid or assist in falsely making, forging, or
counterfeiting any coin, in the resemblance or similitude of the gold
or silver coin, which has been, or hereafter may be, coined at the mint
of the United States; or in the resemblance or similitude of any foreign
gold or silver coin which by law now is, or hereafter may be made
current in the United States; or shall pass, utter, publish, or sell, or
attempt to pass, utter, publish, or sell, or bring into the United
States, from any foreign place, with intent to pass, utter, publish, or
sell, as true, any such false, forged, or counterfeited coin, knowing
the same to be false, forged, or counterfeited, with intent to defraud
any body politic, or corporate, or any other person or persons,
whatsoever; every person, so offending, shall be deemed guilty of
felony, and shall, on conviction thereof, be punished by fine, not
exceeding five thousand dollars, and by imprisonment, and confinement to
hard labor, not exceeding ten years, according to the, aggravation of
the offence.
19.
- 21. That, if any person or persons shall falsely make, forge, or
counterfeit, or cause or procure to be falsely made, forged or
counterfeited, or willingly aid or assist in falsely making, forging or
counterfeiting any coin, in the resemblance or similitude of any copper
coin, which has been, or hereafter may be, coined at the mint of the
United States; or shall pass, utter, publish, or sell, or attempt to
pass, utter, publish or sell, or bring into the United States, from any
foreign place, with intent to pass, utter, publish, or sell as true, any
such false, forged, or counterfeited coin, with intent to defraud any
body politic, or corporate, or any other person or persons whatsoever;
every person so offending, shall be deemed guilty of felony, and shall,
on conviction thereof, be punished by fine, not exeeeding one thousand
dollars, and by imprisonment, and confinement, to hard labor, not
exceeding three years. See generally, 1 J. J. Marsh. 202; 1 Bibb, 330; 2
Wash. 282; 3 Call, 557; 5 S. & R. 48; 1 Dall. 124; 2 Dana, 298; 3
Conn. 534; 4 Harr. & McHen. 199.
20. - 5. Act of March 3, 1849, Minot's Statutes at Large of U. S. 397.
21.
- 1. That there shall be, from time to time, struck and coined at the
mint of the United States, and the branches thereof, conformably in all
respects to law, (except that on the reverse of the gold dollar the
figure of the eagle shall be omitted), and conformably in all respects
to the standard for gold coins now established by law, coins of gold of
the following denominations and values, viz.: double eagles, each to be
of the value of twenty dollars, or units, and gold dollars, each to be
of the value of one dollar, or unit.
22.
- 2. That, for all sums whatever, the double eagle shall be a legal
tender for twenty dollars, and the gold dollar shall be a legal tender
for one dollar.
23.
- 3. That all laws now in force in relation to the coins of the United
States, and the striking and coining the same, shall, so far as
applicable, have full force and effect in relation to the coins herein
authorized, whether, the said laws are penal or otherwise; and whether
they are for preventing counterfeiting or debasement, for protecting the
currency, for regulating and guarding the process of striking and
coining, and the preparations therefor, or for the security of the coin,
or for any other purpose.
24.
- 4. That, in adjusting the weights of gold coins henceforward, the
following deviations from the standard weight shall not be exceeded in
any of the single pieces; namely, in the double eagle, the eagle, and
the half eagle, one half of a grain, and in the quarter eagle, and gold
dollar, one quarter of a grain; and that, in weighing a large number of
pieces together, when delivered from the chief coiner to the treasurer,
and from the treasurer to the depositors, the deviation from the
standard weight shall not exceed three pennyweights in one thousand
double eagles; two pennyweights in one thousand, eagles; one and one
half pennyweights in one thousand half eagle;; one pennyweight in one
thousand quarter eagles; and one half of a pennyweight in one thousand
gold dollars.
25. - 6. Act of March 3, 1851. Minot's Statutes at Large, U. S. 591.
26.
- 11. That from and after the passage of this act, it shall be lawful
to coin at the mint of the United States and its branches, a piece of
the denomination and legal value of three cents, or three hundredths of a
dollar, to be composed of three-fourths silver and one-fourth copper
and to weigh twelve grains and three eighths of a grain; that the said
coin shall bear such devices as shall be conspicuously different from
those of the other silver coins, and of the gold dollar, but having the
inscription United States of America, and its denomination and date; and
that it shall be a legal tender in payment of debts for all sums of
thirty cents and under. And that no ingots shall be used for the coinage
of the three cent pieces herein authorized, of which the quality
differs more than five thousandths from the legal standard; and that in
adjusting the weight of the said coin, the following deviations from the
standard weight shall not be exceeded, namely, one half of a grain in
the single piece, and one pennyweight in a thousand pieces.
MONEY BILLS, legislation.
Pills or projects of laws providing for raising revenue, and for making
grants or appropriations of the public treasure.
2.
The first clause of the seventh section of the constitution of the
United States declares, "all bills for raising revenue shall originate
in the house of representatives; but the senate may propose or concur
with amendments, as on other bills." Vide Story on the Const. 871 to
877.
3.
What bills are properly "bills for raising revenue," in the sense of
the constitution, has been matter of some discussion. Tucker's Black.
App. 261 and note; Story, 877. In practice, the power has been confined
to levy taxes in the strict sense of the words, and has not been
understood to extend to bills for other purposes, which may incidentally
create revenue. Story, Ibid.; 2 Elliott's Debates, 283, 284.
MONEY COUNTS, pleadings.
The common counts in an action of assumpsit are so called, because they
are founded on express or implied promises to pay money in
consideration of a precedent debt; they are of four descriptions: 1. The
indebitatus assumpsit. (q. v.) 2. The quantum meruit. (q. v.) 3. The
quantum valebant. (q. v.) and, 4. The account stated. (q. v.) 2.
Although the plaintiff cannot resort to an implied promise when there is
a general contract, yet he may, in many cases, recover on the common
counts, notwithstanding there was a special agreement, provided it has
been executed. 1 Camp. 471; 12 East, 1; 7 Cranch, Rep. 299; 10 Mass.
Rep. 287; 7 Johns. Rep. 132; 10 John. Rep. 136; 5 Mass. Rep. 391. It is
therefore advisable to insert the money counts in an action of
assumpsit, when suing on a special contract. 1 Chit. Pl. 333, 4.
MONEY HAD AND RECEIVED. An
action of assumpsit will lie to recover money to which the plaintiff is
entitled, and which in justice and equity, when no rule of policy or
strict law prevents it, the defendant ought to refund to the plaintiff,
and which he cannot with a good conscience retain, on a count for money
had and received. 6 S. & R. 369; 10 S. & R. 219: 1 Dall. 148; 2
Dall. 154; 3 J. J. Marsh. 175; 1 Harr. 447; 1 Harr. & Gill. 258; 7
Mass. 288; 6 Wend. 290; 13 Wend. 488; Addis. on Contr. 230.
2.
When the money has been received by the defendant in consequence of
some tortious act to the plaintiff's property, as when he cut down the
plaintiff's timber and sold it, the plaintiff may waive the tort and sue
in assumpsit for money had and received. 1 Dall. 122; 1 Blackf. 181; 5
Pick. 285; 1 J. J. Marsh. 543: 4 Pick. 452; 12 Pick. 120; 4 Binn. 374; 3
Watts, 277; 4 Call, 451.
3.
In general the action for money had and received lies only where money
has been received by the defendant. 14 S. & R. 179; 1 Pick. 204; 7
S. & R. 246; 1 J. J. Marsh. 544; 3 J. J. Marsh. 6; 7 J. J. Marsh.
100; 3 Bibb, 378; 11 John. 464. But bank notes or any other property
received as money, will be considered for this purpose as money. 17
Mass. 560; 3 Mass. 405; 14 Mass. 122; Brayt. 24; 7 Cowen, 622; 4 Pick.
74. See 9 S. & R. 11.
4.
No privity of contract between the parties is required in order to
support this action, except that which results from the fact of one
man's having the money of another, which he cannot conscientiously
retain. 17 Mass. 563, 579. See 2 Dall. 54; Mart. & Yerg. 221; 5
Conn. 71.
MONEY LENT. In
actions of assumpsit a count is frequently introduced in the
declaration charging that the defendant promised to pay the plaintiff
for money lent. To recover, the plaintiff must prove that the defendant
received his money, but it is not indispensable that it should be
originally lent. If, for example, money has been advanced upon a special
contract, which has been abandoned and rescinded, and which cannot be
enforced, the law raises an implied promise from the person who holds
the money to pay it back as money lent. 5 M. & P. 26; 7 Bing. 266; 9
M. & W. 729; 3 M. & W. 434. See 1 Chip. 214; 3 J. J. Marsh. 37.
MONEY PAID. When
one advances money for tbe benefit of another with his consent, or at
his express request, although he be not benefited by the transaction,
the creditor may recover the money in an action of assumpsit declaring
for money paid for the defendant. 5 S. & R. 9. But one cannot by a
voluntary payment of another's debt make himself creditor of that other.
1 Const. R. 472; 1 Gill. & John. 497; 5 Cowen, 603; 10 John. 361;
14 John. 87; 2 Root, 84; 2 Stow. 500; 4 N. H. Rep. 138; 3 John. 434; 8
John. 436; 1 South. 150.
2.
Assumpsit for money paid will not lie where property, not money, has
been paid or received. 7 S. & R. 246; 8 Bibb, 378; 14 S. & R.
179; 10 S. & R. 75; 7 J. J. Marsh. 18. But see 7 Cowen, 662.
3.
But where money has been paid to the defendant either for a just, legal
or equitable claim, although it could not have been enforced at law, it
cannot be recovered as money paid. See Money had and received.
4.
The form of declaring is for "money paid by the plaintiff, for the use
of the defendant and at his request." 1 M. & W. 511.
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