Swanson v. Cooke
New York Supreme Court
11HE plaintiff sought to enforce a judgment rendered by . the Court of Chancery at Nassau in New Providence, directing the defendant to pay into the public treasury there certain moneys constituting a trust fund which he improperly withdrew and used for his own purposes. A judgment was rendered for the plaintiff, at a special term of the court, and on accounting ordered, with directions to pay the balance due into court.
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11HE plaintiff sought to enforce a judgment rendered by . the Court of Chancery at Nassau in New Providence, directing the defendant to pay into the public treasury there certain moneys constituting a trust fund which he improperly withdrew and used for his own purposes. A judgment was rendered for the plaintiff, at a special term of the court, and on accounting ordered, with directions to pay the balance due into court. The referee task the account, and allowed the premium on gold, in additio'h. To this part of the report the defendant excepted, and this was a hearing upon the exceptions.
1Opinion of the Court
(a) The following decision of the Supreme Court, made at a general term, held in the first district, in January, 1866, (Justices Geo, G. Barnard, Clerke and Ingragam present,) as to the value of the pound sterling, and the allowance of exchange, may be profitably read in this connection, and will .be found useful in other cases.
Guiteman us, Davis.
By the Court, Clerke, J.
The rule as to damages on a bill of exchange payable in England in pounds sterling, is, we think, to estimate the pound at $4.44. To this is to be added the rate of exchange between this country and England at the time of…
2Cited by6 opinions
- In re Shipman's EstateNew York Supreme Court · 1894
- Rice v. Ontario Steamboat Co.New York Supreme Court · 1868
- The BlohmDistrict Court, S.D. New York · 1867
- Reiser v. ParkerU.S. Circuit Court for the District of Massachusetts · 1868
- Elizabethtown Savings Institution v. GerberNew Jersey Court of Chancery · 1881
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