Benners v. Clemens
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 142, to July Term 1867. This was an amicable action of assumpsit to December Term 1866, in which John Clemens was plaintiff and Isaac R. Benners, survivor of the firm of Isaac R. Benners & Co., defendant. The claim was for a balance due by defendant on an invoice of fruit, contracted for in England and shipped to defendant to New York.
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Error to the District Court of Philadelphia: No. 142, to July Term 1867. This was an amicable action of assumpsit to December Term 1866, in which John Clemens was plaintiff and Isaac R. Benners, survivor of the firm of Isaac R. Benners & Co., defendant. The claim was for a balance due by defendant on an invoice of fruit, contracted for in England and shipped to defendant to New York. The whole amount of the shipment was $2967.85, which was reduced to $896.95 by quercitron bark shipped to plaintiff. The plaintiff claimed to recover this balance at gold prices with interest from December 17th…
1Opinion of the Court
The opinion of the court was delivered, January 20th 1868, by
Thompson, C. J.
The debt sued for was a debt contracted in England, or rather the balance of a debt contracted and partially liquidated there by returns in quercitron bark. In the absence of any understanding to the contrary the balance was due and payable there. This being so, it was payable in the legal currency of the country, denominated pounds, shillings and pence, and the representative of gold. Of course, as any payment obtained here would be payable in legal tender notes, the value of the gold in legal tenders, with interest,…
2Cases cited1 opinion
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