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6 D.C. 294

Schuehardt v. Thornton

District of Columbia Court of Appeals · decided 1868-06-10

.Motion for a new trial on exceptions. Action against the defendant, as drawer of a bill of exchange for 2,500 pounds on BenjaminThoruton, London. The bill was purchased by the plaintiffs for $11,000 in gold, was accepted by the drawee and, at maturity, was protested for non-payment.

Decided 1868-06-10

Mr. Ctiiee Justice Cartter

¶1delivered the opinion of the Court:

¶2The bill must be held at its value in London at the time it was presented. Where parties contract with each other on a gold standard, and with a view to the price of gold, they should be held to respond in gold. No principle of *296the law merchant is better settled than that a bill of exchange shall be paid at its value at the place of payment. To say that when this bill, which was drawn with a view to its payment in gold, came back to this country it might be paid in a currency worth forty per cent, less than gold would be to set aside the contract of the parties.

Mr. Justice Olin said:

¶3This bill of exchange was an article of merchandise, and certainly it could not be bought at $4.44 per pound sterling. The error below was in regarding this as a mere money transaction, when in fact it was the purchase of a merchantable article.

¶4Verdict and judgment set aside and new trial granted.

Mr. Justice Wylie dissented.
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