This ease differs in no material respect from Bank of Charlotte v. Davidson, ante, 118.
*687Mr. Bailey, for defendant, referred ns to Jeter v. Littlejohn, 13 Mur., 186. We think that case sustains the decision in the case of the Bank of Charlotte.
Tie also contended that by the English authorities, after interest had once ceased by a tender, it could not be made to run again by bringing an action, but only by a personal demand before action. There is no doubt that in ordinary cases, if the plaintiff replies to a plea of tender, that he afterwards demanded the exact sum due, and payment was refused, this demand not only sets the interest to.running from the demand, but defeats the plea of tender altogether, so that interest would run uninterruptedly from the maturity of the debt, or other time provided for in the instrument. Therefore we said, in the Bank v. Davidson, that the demand started the interest again, at least from the time of the demand. But we have considered it inequitable to apply to the peculiar class of contracts made during the war, and payable in Confederate money, the strict rules, applicable in ordinary cases to the plea of tender. If we had done so, the plea could in no case be maintained, because the money was not, and could not be, as money, paid into Court. Under like circumstances, and for like reasons, the bringing into Court was held unnecessary in Jeter v. Littlejohn, and the Court thought that the rights of the parties should be ascertained, on principles of equity. In that case the Court also thought that interest should revive, upon the demand. It does not clearly appear whether there was a personal demand before suit, though probably there was. But the bringing oí the action was certainly a demand, and if the defendant had paid into Court with his plea, the sealed value of the Confederate money, it might have been a question whether he should be taxed with the costs, and if he had tendered it to the plaintiff immediately upon service of the process a like question would have arisen as to his liability to. interest after such tender. But there has been no such' tender.
The ordinance of the Convention of 1866, and the subsequent .acts of the Legislature, required the Courts to apply *688equitable principles in the construction and enforcement of Confederate contracts, and though those acts do not directly bear upon the question as to the effect of a tender and subsequent demand, yet we have considered ourselves bound by the evident intent of those acts, in treating those questions on like equitable principles, looking rather at the substance of what was done, than at its precise time and form.
The judgment will be modified in conformity to this opinion. Neither party will recover costs in this Court.
Per CukiaM. Judgment modified.