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1 N.C. 690

Ward v. . Kedswin

Court of King's Bench

Decided July 5, 1793

Court of King's Bench · decided 1793-07-05

Decided 1793-07-05

¶1But it was answered and resolved by the court that it is well enough indetinet. 46 E., 3, 15. One does not declare ad valenciam when it is for English money; but here it is well enough, for the value of one is known, but not of the other. It might be in debet et detinet; but the practice is in detinet alone; it is not like bullion. I remember well the case in T. 3 Jac.

¶2If the action be for French money, current by proclamation, then it lies clearly in debet et detinet; and if a man is bound to pay £ 100 in French crown, he may tender the whole in English money, and e converso.

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