Legal Opinion

Wood, Bacon & Co. v. Kelso

Supreme Court of Pennsylvania

Decided January 10, 1857PublishedCited by 6 opinions

Error, to the Court of Common Pleas of Hrie county. This case arose upon the following case stated:— “Now to wit, May 19, 1856, it is agreed by and between the parties to this suit by their attorneys, that judgment shall be entered in this case against the defendant and in favour of the plaintiffs, and liquidated at the sum of ten hundred and forty-one dollars and twenty-six cents, with costs of suit, release of errors, &c., with interest from this date.

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Error, to the Court of Common Pleas of Hrie county. This case arose upon the following case stated:— “Now to wit, May 19, 1856, it is agreed by and between the parties to this suit by their attorneys, that judgment shall be entered in this case against the defendant and in favour of the plaintiffs, and liquidated at the sum of ten hundred and forty-one dollars and twenty-six cents, with costs of suit, release of errors, &c., with interest from this date. “ It is further agreed that the note upon which this suit was brought was made at Erie, Pennsylvania, to be paid at the Merchants’ Bank in…

1Opinion of the Court

the opinion of the court was delivered by

Lowrie, J.

The difference of exchange is uniformly allowed on bills of exchange, unless where there is a statutory substitute for it; but the cases cited from New York and Massachusetts show that the rule there does not extend to other kinds of debts, and according to one of them, 20 Johns. 102, not even to promissory notes payable at a particular place. Those cases even restrict the recovery by measuring the pound sterling at the par of ex*243change, $4.44, and not at the real or current value, $4.80, or more. Yet Story (Conf. of Laws, §§ 308-313, Bills of…

2Cases cited2 opinions

  1. Gelston v. HoytSupreme Court of the United States · 1818
  2. Scofield v. DayNew York Supreme Court · 1822

3Cited by6 opinions

  1. Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
  2. Clark v. SearightSupreme Court of Pennsylvania · 1890
  3. Hardt v. Heller Bros.Court of Appeals for the Third Circuit · 1948
  4. Liberty Nat. Bank of New York v. BurrDistrict Court, E.D. Pennsylvania · 1921
  5. Campbell v. HuntSuperior Court of Pennsylvania · 1915

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