62 Ky. 304 | Ky. Ct. App. | 1864
delivered the opinion of the court ;
This agreed case, submitted according to the Code for decision by the circuit court, presents, as we understand it, only a question of interest on a debt tendered by the appellee to the appellant in gold, on condition that the latter would convey to the former a legal title to land, the sale of which was the consideration of the indebtedness, and the principal of which, the tender having been rejected, has since been amicably adjusted, leaving for judicial settlement the unpaid interest. The appellee — insisting that the tender was good — refused (when he
The circuit judge decided that issue in favor of the appellee ; and this was, in our judgment, erroneous-.
Having thus disposed of the question submitted, it is unnecessary, and would be rather ultra-judicial’ to volunteer, as we are asked to do, an opinion on the constitutionally of the late tender act of Congress. Unless required by the record, we would not anticipate a more authoritative decision of that important question by the Supreme Court of the United States. And, therefore, not being so required, or even properly permitted in this case, we shall forbear any intimation of our opinion.
For the reasons herein suggested, the judgment of the circuit court is reversed, and the cause remanded, with instructions to render judgment for the appellant for legal interest from the date of the tender to that of the payment of the prin