Latrobe and Whistler v. Winans
Court of Appeals of Maryland
Cross-appeals from a decree of the Circuit Court of Baltimore City (Wickes, J.) The record in this case brings up cross-appeals from a decree of the Circuit Court of Baltimore City, and although but a single question is presented, viz., the liability of the estate of William L. Winans to the estate of DeWitt Clinton Winans for interest on the purchase money of certain real estate in Baltimore City, and certain letters-patent for ocean steamers.
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Cross-appeals from a decree of the Circuit Court of Baltimore City (Wickes, J.) The record in this case brings up cross-appeals from a decree of the Circuit Court of Baltimore City, and although but a single question is presented, viz., the liability of the estate of William L. Winans to the estate of DeWitt Clinton Winans for interest on the purchase money of certain real estate in Baltimore City, and certain letters-patent for ocean steamers. The correspondence, which resulted in the contract, and which grew out of the efforts to secure its satisfactory performance, is so voluminous, and so…
1Opinion of the CourtPearce, J.
The first contention of the defendants, the executors ot Wm. L. Winans, is, that this contract having been made in England for performance there, and having been in fact carried out in that country, the lex loci contractus must govern, and that by the common law of England no interest can be recovered in an action upon such a contract, not providing for interest, and therefore this decree, which allows some interest, is erroneous and should be reversed.
We do not, however, regard this contract as one made, or to be performed, in England, and to be governed by the law of that country. The…
2Cases cited16 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Gibson v. CranageMichigan Supreme Court · 1878
- Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
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3Cited by21 opinions
- Cunningham v. FeinbergCourt of Appeals of Maryland · 2015
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Sun Insurance Office, Ltd. v. MallickCourt of Appeals of Maryland · 1931
- Ogg v. HermanMontana Supreme Court · 1924
- Ferris v. PolanskyCourt of Appeals of Maryland · 1948
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