His Honor in the court below held that the receipt having been admitted to have been executed by the clerk and master, the presumption of law would be that the payment was made in good money, and while the plaintiff had the right to offer competent evidence to show that in fact the said payment was made in confederate money, proof that confederate currency was the currency generally circulating at the time, would not lend to show that the particular payment in question was made in confederate money, But assuming that there was such a presumption of law, it was a presumption that might be rebutted by proof, and to that end all competent evidence of facts and circumstances tending to that result should have been allowed logo to the jury to be considered by them in determining whether the presumption had been rebutted.
*81We hold that the excluded evidence that' confederate money was the currency generally in circulation at the time of payment, and that it was the only currency in circulation at that time, was competent and should have been submitted to the jury to be considered bj*- them in connection with the testimony of Dr. Lewis, which was received without objection, and which would have been very much strengthened by the admission of the rejected proof. We concede that the fact of confederate money being generally in circulation would have been, by itself, a very slight circumstance tending to prove the character of the currency in which the. decree was paid, but assuredly, the fact that confederate, money was the only currency in circulation would tend to. establish that fact, and yet it was excluded by the judge,, but upon what principal we do not understand.
In the case of Thorington v. Smith, 8 Otto, 1, (U. S. Rep.) which was an action brought on a promissory note given at Montgomery, Alabama, for ten thousand dollars, dated November 28th, 1864, the question arose as to what was the-the meaning of the word dollar in that contract — -whether-confederate treasury notes, or gold and silver, or United! States treasury notes — and evidence was admitted to show that no gold or silver coin, nor notes of the United States were in use in that state, and that the only currency in ordinary use in which current daily business could be at all carried on, were treasury notes of the Confederate States; and the Chief Justice who delivered the opinion of the court, said: “We are clearly of opinion that such evidence must be received in respect to such contracts in order that justice may be done between the parties.” And in this state, in several cases, where it was a question whether payments in confederate money were good, it has been held to be competent to prove that confederate currency, about the time and in communities where such payments were made, was received by prudent men in -discharge of debts due them. *82 Utley v. Young, 68 N. C., 387; Emerson v. Mallett, Phil. Eq., 234; Atkins v. Mooney, Phil. Law, 31. If the evidence admitted in these cited cases was competent, we cannot see why upon the same principle that offered and rejected in our case was not also competent. Holding, then, that the evidence was competent, it must follow that the proposition laid down by His Plonor as to the presumption of law cannot be sustained. If there is. any presumption at all, it must-be the reverse of that stated by him, for aside from the evidence adduced in any case on this subject, the court •cannot shut their eyes to the condition of the country and the state of its finances during the latter days of the war. It was a notorious fact that the only currency used in the •common transactions of business was confederate treasury motes, and whenever any other currency was used, it was a •notedexception entirely too rare, too infrequent, upon which ■•to found any such presumption as that assumed by His Honor.
We hold, therefore, that there was error in the ruling of the court below in rejecting the offered proof, and that a ■venire de novo should be awarded. Let this be certified, &c.
Error. Venire de novo.