Reiser v. Parker
U.S. Circuit Court for the District of Massachusetts
Assumpsit by [Benedict Reiser] a resident of London, England [against F. E. Parker, administrator], to recover a balance of account of £849 6s. for goods sold. The case was submitted to the court, without a jury, and most of the facts were agreed in writing. Upon the rate of exchange at different times evidence was taken. The date of the writ. 15 September, 1864, was agreed to be the day of the breach by non-payment.
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Assumpsit by [Benedict Reiser] a resident of London, England [against F. E. Parker, administrator], to recover a balance of account of £849 6s. for goods sold. The case was submitted to the court, without a jury, and most of the facts were agreed in writing. Upon the rate of exchange at different times evidence was taken. The date of the writ. 15 September, 1864, was agreed to be the day of the breach by non-payment. At that time the pound was worth in United States treasury notes about eleven dollars, and at the time of the hearing it was worth about six dollars and sixty-four cents.…
1Opinion of the Court
LOWELL. District Judge.
The decided cases and the principles of law and of the theory and practice of exchange which bear upon the case, have been carefully and ably presented to us in the arguments of counsel, to which we must admit our great obligation. The plaintiff contends that we must treat the pound sterling as merchandise and assess its value, at the time of the breach, in the most usual currency of this country, according to the judgment in Essex Co. v. Pacific Mills, 14 Allen, 389; or, if not, that we must assess his damages according to the rate of exchange reckoned in currency. The…
2Cases cited2 opinions
- Scofield v. DayNew York Supreme Court · 1822
- Swanson v. CookeNew York Supreme Court · 1866
3Cited by1 opinion
- Miller v. MayerCourt of Appeals for the First Circuit · 1924