Morrison Waite

“ We have no jurisdiction if the sum or value of the matter in dispute does not exceed $5,000. One owing a debt may pay it in good coin or legal-tender notes of the United States, as he chooses, unless there is something to the contrary in the obligation out of which the debt arises. A coin dollar is worth no more for the purposes of tender in payment of an ordinary debt than a note dollar. The law has not made the note a standard of value any more than coin. It is true that in the market, as an article of merchandise, one is of greater value than the other ”

“ Rodes, 7 Wall. 229, it was said that a contract to pay in gold or silver coins 'is, in legal import, nothing else than an agreement to deliver a certain weight of standard gold, to be ascertained by a count of coins,' and that 'it is not distinguishable, . . . in principle, from a contract to deliver an equal weight of bullion of equal fineness;' but, notwithstanding this, it is a contract to pay money, and none the less so because it designates for payment one of the two kinds of money which the law has made a legal tender in discharge of money obligations. ”

“ Upon the trial, the jury rendered a verdict against Thompson of $5,066.17 'in gold;' but, before judgment, Butler remitted $66.17, and judgment was entered Nov. 13, 1876, for $5,000 'in coin.' Thompson having brought the case here by writ of error, Butler moves to dismiss, because the 'matter in dispute' does 'not exceed the sum or value of $5,000.'
As the writ of error was sued out by the defendant below, the amount in controversy was fixed by the judgment. Gordon v. Ogden, 3 Pet. 33; Knapp v. Banks, 2 How. 73; Walker v. United States, 4 Wall. 163 ”