State v. Wainwright
State v. Wainwright
Opinion of the Court
delivered the opinion of the Court.
The defendant was indicted in the circuit court of . Maury county for stealing a ham. On motion the trial judge quashed the indictment, and the State appealed
The first question is whether the mark starting at the figure “2” and running under the two naughts {thus, “200”) can be read as a decimal point between the figures and the naughts; and the second is. whether, if so read, the expression “200” can he properly construed as evidence of an intention to state the value at $2. We are of opinion that both questions should he answered in the affirmative. We judicially know that the decimal point in business practice is often so elongated; and we are of opinion that the character could have been used in the association in which it appears. If it be a decimal point, the only reasonable conclusion in that the purpose was to express the value of the ham as being $2. That is to say, given the decimal point, the court should infer the dollar mark, making the whole expression read “$2.00.” This is in harmony with the construction reached by the supreme court of Kansas in the case of Hunt v. Smith, 9 Kan., 137, and by the supreme court of Wisconsin in the case of State v. Schwartz, 64 Wis., 432, 25 N. W., 417. Hunt v. Smith was a condemnation proceeding. In
. In State v. Schwartz the question was whether an instrument in the form of a promissory note for the payment of “25.00 as per deed, 10 per cent till paid,”
In the case last cited the court referred to the case of Northrop v. Sanborn, 22 Vt., 433, 54 Am. Dec., 83, which we have also examined.. The instrument under consideration there was an order drawn for “37.89,” without any dollar mark or word expressing dollars. This was held a valid order for $37.89. The court, speaking through Redfield, J., said: “The law of the United States Congress, establishing our national currency, having declared that it shall consist of the dollar, as a unit, and the decimal parts of the dollar, as dimes and cents, it would seem the necessary legal in-tendment that a contract expressed in figures should
We are referred to certain cases in our reports as out of harmony with this view, viz., Barnes v. Brown, 1 Tenn. Chy. App., 726; Hamilton v. Gaslight Co., 115 Tenn., 153, 90 S. W., 159; Anderson v. Post (Tenn. Chy. App.), 38 S. W., 283; Randolph v. Metcalf, 6 Cold., 400. All of these were tax cases where the construction is always strict, in order to prevent extortion and to save rights. The cases referred to never have been extended beyond that subject; nor do we think they should be. Moreover, in the facts stated in those cases it did not appear there was any' decimal point, and a careful reading of them will indicate that the absence of this decimal point was really in the mind of the court, since it appears that the court decided those cases on the theory that there was nothing to indicate the money character of the figures. In Barnes v. Brown the absence of the decimal point was distinctly referred to. The cases generally speaking, were put upon the absence of the dollar mark. What would have been the result if there had been-a decimal point we need not consider further than to say that the court in all of the cases held that perpendicular ruled lines extending the whole length of a a page of the tax books could not be treated as decimal divisions. So in those cases the facts before the court
We are of opinion, therefore, that the trial judge committed error in quashing the indictment. His judgment must therefore be reversed, and the cause remanded to the circuit of Maury county for trial.
Reference
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