MONEY

A general, indefinite term for the measure and representative of value; currency; the circulating medium; cash. “Money” is a generic term, and embraces every description of coin or bank notes recognized by common consent as a representative of value in effecting exchanges of property or payment of debts. Hopson v. Fountain, 5 Humph. (Tenn.) 140. Money is used in a specific and also in a general and more comprehensive sense. In its specific sense, it means what is coined or stamped by public authority, and has its determinate value fixed by governments. In its more comprehensive and general sense, it means wealth, the representative of commodities of all kinds, of lands, and of everything that can be transferred in commerce. Paul v. Ball, 31 Tex. 10. In its strict technical sense, “money” means coined metal, usually gold or silver, upon which the government stamp has been impressed to indicate its value. In its more popular sense, “money” means any currency, tokens, banknotes, or other circulating medium in general use as the representative of value. Kennedy v. Briere, 45 Tex. 305. The term “moneys” is not of more extensive signification than “money,” and means only cash, and not things in action. Mann v. Mann, 14 Johns. (N. Y.) 1, 7 Am. Dec. 416. Money bill. In parliamentary language, an act by which revenue is directed to be raised, for any purpose or in any shape whatsoever, either for governmental purposes, and collected from the whole people generally, or fdr the benefit of a particular district, and collected in that district, or for making appropriations. Opinion of Justices, 126 Mass. 547; Northern Counties Inv. Trust v. Sears, 30 Or. 388, 41 Pac. 931, 35 L. R. A. 188.Money claims. In English practice. Under the judicature act of 1875, claims for the price of goods sold, for money lent, for arrears of rent, etc., and other claims where money is directly payable on a contract express or implied, as opposed to the cases where money is claimed by way of damages for some independent wrong, whether by breach of contract or otherwise. These “money claims” correspond very nearly to the “money counts” hitherto in use. Mozley & Whitley.Money demand. A claim for a fixed and liquidated amount of money, or for a sum which can be ascertained by mere calculation; in this sense, distinguished from a claim which must be passed upon and liquidated by a jury, called “damages.” Roberts v. Nodwift, 8 Ind. 341; Mills v. Long, 58 Ala. 460.Money bad and received. In pleading. The technical designation of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and recetved certain money, etc.Money land. A phrase descriptive of money which is held upen a trust to convert it into land.Money lent. In pleading. The technical name of a declaration in an action of assumpsit for that the defendant promised to pay the plaintiff for money lent.Money made. The return made by a sheriff to a writ of execution, signifying that he has collected the sum of money required by the writ/Money of adieu. In French law. Earnest money; so called because given at parting in completion of the bargain. Arrhes is the usual French word for earnest money; “money of adieu” is a provincialism found in the province of Orleans. Poth. Gont. 507 Money order. Under the postal regulations of the United States, a money order is a species of draft drawn by one post office upon another for an amount of money deposited at the first office by the person purchasing the money order, and payable at the second office to a payee named in the order. See U. S. v. Long (C. C.) 30 Fed. 679.Money order office. One of the post offices authorized to draw or pay money orders.Money paid. In pleading. The technical name of a declaration in assumpsit, in which the plaintiff declares for money paid for the use of the defendant. Public money. This term, as used in the laws of the United States, includes all the funds of the general government derived from the public revenues, or intrusted to the fiscal officers. See Branch v. United States, 12 Gt. Gl. 281.Moneyed capital. This term has a more limited meaning than the term “personal property,” and applies to such capital as is readily solvable in money. Mercantile Nat. Bank v. New York, 121 U. S. 138, 7 Sup. Ct. 826, 30 L. Ed. 895.Moneyed corporation. See Cobpobation. As to money “Broker,” “Count,” “Judgment,” and “Scrivener,” see those titles.