On the trial below defendants having been sued on a note made by them, dated November, J1863, payable at one day, for $3,000.00, sought under and by virtue of the ordinance of the Convention of November, 1865, to show that the note was given for the loan of Confederate treasury notes — and to reduce the plaintiff’s demand to the gold value of said notes at the time of the loan. In the course of the trial defendants offered testimony to prove the value of the Confederate treasury notes at the time of the making of the note sued on, which the Court repelled. A verdict was then rendered for plaintiffs for the full amount of the note. The defendants thereupon moved for a new trial. The Judge becoming satisfied that he had erred in excluding proper testimony, granted a new trial.
This prompt and manly correction of error is highly commendable. If the errors occurring in the rapid dispatch of business in the Superior Courts were corrected as in this case more frequently than they are, (and our system contemplates such constant correction by them,) very much of the labor of the profession would be diminished thereby, expense
We affirm the grant of a new trial in this case.