Grant v. Healey
U.S. Circuit Court for the District of Massachusetts
Indebitatus assumpsit for a balance of accounts. The declaration also contained the money counts. Plea-general issue. At the trial it appeared, that the plaintiffs were merchants at Trieste, in Austria, and the defendant a merchant in Boston. In December, 1836, the plaintiffs, by their agent, Mr. Trueman, a resident at Boston, advanced to the defendant the sum of £4565 sterling, by a'bill drawn on Messrs.
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Indebitatus assumpsit for a balance of accounts. The declaration also contained the money counts. Plea-general issue. At the trial it appeared, that the plaintiffs were merchants at Trieste, in Austria, and the defendant a merchant in Boston. In December, 1836, the plaintiffs, by their agent, Mr. Trueman, a resident at Boston, advanced to the defendant the sum of £4565 sterling, by a'bill drawn on Messrs. Baring, Brothers & Go., London, reimbursable to that house by a bill to be drawn upon the plaintiffs by that house, payable at Trieste. In consideration of the advance, the defendant agreed…
1Opinion of the Court
STOItY, Circuit Justice.
Upon this point I have wished for a little time for reflection, although at the argument I ventured to express what was the inclination of my opinion. In all cases which respect the daily transactions of commercial men, I feel a great desire not to interfere with the known and settled habits of business; and should rather incline to 'follow the usage, if any, than to form a new rule of my own. No settled usage has been shown; and, therefore, the rule must be settled upon principle. I take the general doctrine to be clear, that whenever a debt is made payable in one…
2Cases cited3 opinions
- Scofield v. DayNew York Supreme Court · 1822
- Fanning v. ConsequaCourt for the Trial of Impeachments and Correction of Errors · 1820
- Consequa v. FanningNew York Court of Chancery · 1818
3Cited by2 opinions
- The VerdiDistrict Court, S.D. New York · 1920
- Chemical National Bank v. ButtNew York Supreme Court · 1924