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- Newsgroups: misc.legal
- Path: sparky!uunet!caen!mtu.edu!pecampbe
- From: pecampbe@mtu.edu (Paul Campbell)
- Subject: Re: Sorry, we don't accept cash... Huh?
- Message-ID: <1992Dec31.025836.7721@mtu.edu>
- Organization: Michigan Technological University
- References: <1992Dec29.191801.6412@netcom.com>
- Distribution: usa
- Date: Thu, 31 Dec 1992 02:58:36 GMT
- Lines: 34
-
- In article <1992Dec29.191801.6412@netcom.com> linley@netcom.com (Bruce James Robrert Linley) writes:
- >
- > I just had a disturbing experience with a Federal Express delivery
- >yesterday. It was a COD for $30.00. So I hand the guy a twenty and a ten. To
- >my surprise, he said that he cannot accept cash. Holy inflation, Batman, our
- >money's worthless! Is this legal? Has the phrase, "This note is legal tender
- >for ALL debts public and private" lost its meaning? What's the world coming to?
-
- Actually, if you read the caption, it claims that it is a note. The legal
- definition of a note is a type of debt instrument. It is an unconditional
- promise to pay some one a definite amount; however, there is evidence to
- show that this particular form of debt instrument has no such intentions.
-
- Notice that the issuer is the Federal Reserve Bank. Note also that there is
- no branch of the Federal government known as the Federal Reserve Bank. The
- bank is a seperate institution.
-
- Last, the legal definition of TENDER. A tender is an offer to meet some
- contractual requirement (tender of performance or tender of payment for
- example). I'm doing this off the top of my head..I don't have Black's or
- Bouvier's with me, so I can't do direct quotes.
-
- Now, tendering payment of a debt CAN be refused. There is nothing that say
- that you have to actually accept payment. That caption is silly and
- unnecessary because I could tender you small, shiny pebbles (and unless
- you knew the baubles were diamonds, you'd be wise to refuse). Worse yet,
- a debt cannot pay a debt, and a Federal Reserve Note at least from it's
- appearances is a debt instrument and represents debt.
-
- So, quite well within their legal grounds, the carrier refused your
- offer. And no, that paper you offered is worthless (unless the coinage
- act of 1787 has been recently repealed or they suddenly started
- placing wording on the notes stating that they were redeemable for
- something other than more worthless paper).
-