Legal Opinion

Scofield v. Day

New York Supreme Court

Decided May 15, 1822PublishedCited by 26 opinions

THIS was an action of assumpsit on a promissory note, made by the defendants, at Montreal, in Lower Canada payable to the plaintiffs, (who resided in England,) or to their order, “ with interest until paid in England” The questions raised for the consideration of the Court were, 1. Whether the plaintiffs were entitled to interest, according to the legal rate of interest in Lower Canada, which . . ° ° ' is six per cent., or according to the legal rate oí interest m England,…

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THIS was an action of assumpsit on a promissory note, made by the defendants, at Montreal, in Lower Canada payable to the plaintiffs, (who resided in England,) or to their order, “ with interest until paid in England” The questions raised for the consideration of the Court were, 1. Whether the plaintiffs were entitled to interest, according to the legal rate of interest in Lower Canada, which . . ° ° ' is six per cent., or according to the legal rate oí interest m England, which is five, per cent, ? 2. Whether the plaintiffs were entitled to interest up to the time when, in the ordinary…

1Per curiam

The plaintiffs are entitled to English interest, and not to the rate of.interest in Lower Canada;' -And the interest is to be calculated up to the time of the judgment; not to the time when the money might, in the ordinary course of business, be remitted to England The plaintiffs are not entitled to any allowance on account of the difference of exchange with England.

Judgment accordingly.

2Cited by26 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. Chapman v. RobertsonNew York Court of Chancery · 1837
  3. Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
  4. People Ex Rel. N.Y.C. H.R.R.R. Co. v. . PriestNew York Court of Appeals · 1912
  5. Grimshaw v. BenderMassachusetts Supreme Judicial Court · 1809

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