Bainbridge v. Wilcocks
United States Circuit Court
[At law. Action by Bainbridge & Co. against -Wilcocks.] The plaintiffs were bankers and commission merchants residing in London, the defendant a merchant residing in Philadelphia; this suit was brought to recover a balance of an account, principally for bills accepted by plaintiffs at the request of defendant, or drawn by him, on his promise to make provision for them at maturity.
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[At law. Action by Bainbridge & Co. against -Wilcocks.] The plaintiffs were bankers and commission merchants residing in London, the defendant a merchant residing in Philadelphia; this suit was brought to recover a balance of an account, principally for bills accepted by plaintiffs at the request of defendant, or drawn by him, on his promise to make provision for them at maturity. The money was paid before and in 1810, and charged in account; the defendant left the United States in June 1811, and did not return till 1825. On the 25th of June 1811, he wrote to the plaintiffs that he appointed…
1Opinion of the Court
BALDWIN, Circuit Justice,
(charging the jury.) The account between the parties consists of advances made in London by the plaintiffs, who resided there, to the defendant residing here, and payments made on account by the latter in London. The whole course of the transactions and correspondence between them shows, that the contract was to be performed in London; the rights and obligations of the parties, the rate of interest, and the rules for its computation, must therefore be governed by the law of England; the remedies on the contract depend on the law of the forum. The relation between the…
2Cases cited3 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Baxter v. City of SeattleWashington Supreme Court · 1891
- Executors of Pawling v. Administrators of PawlingSupreme Court of Pennsylvania · 1805