Martin v. Franklin
New York Supreme Court
THIS was an action of assuinpsit,for goods sold and delivered, and on an insimul coniputassent. The plaintiffs are merchants in Liverpool, and it was admitted that the debt was contracted in Great Britain, that the accounts between the parties is in sterling, and that the interest is calculated at 5 Per cent. the legal interest in Great Britain.
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THIS was an action of assuinpsit,for goods sold and delivered, and on an insimul coniputassent. The plaintiffs are merchants in Liverpool, and it was admitted that the debt was contracted in Great Britain, that the accounts between the parties is in sterling, and that the interest is calculated at 5 Per cent. the legal interest in Great Britain. In the declaration, all the counts, except the last, state the defendants as being indebted to the plaintiffs in the city of New-York, and the last count lays the venue in New-York, but does not mention any particular place, at which the defendants…
1Per curiam
The debt is to be paid according to the par, and not the rate of exchange. It is recoverable and payable here to the plaintiffs or their agent; and the courts are not to inquire into the disposition of the debt, after it reaches the hands of the agent. He may remit the debt to his principal abroad, in bills of exchange, or he may invest it here on his behalf, or transmit it to some other part of the United States, or to other countries, on the same account. We cannot trace the disposition which is to take place, subsequent to the recovery, nor award special damages upon such uncertain…
2Cited by1 opinion
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