Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-23
Gcre,Ror critic Flor;das, &c. S,c
NO. XXiIT1
w aN+NITT.V
Heport IF Captain D'aeer.
IMPORTANT DECTsIov


new YORK, Nov. IS BY his Honor .IuJoe J;v-
"ss'on IN relation TO the method of settling damages
on protested Bill, Of Exchange
O"."ed S'"es J Circuit Court OF the United States
Loco5 B,efe,. 5 York '''''" ''''''c' oil New
am desired To say in WHIST mnnncr the damages
I d. "''"""ofed DHi OF Exchange, drawn on Great
DI'"'' are TO De settled. Mr.. Baldwin for the q
2"ieS SpPoSes that the face Of the bin is TO he sci
ued ut the current rate of exchange al the tr,e !,
came ba.k, but that The i 20 damages are TO be- set.
HFd III par; without ANY regard 10 the then rate ,r
cSc'iangc. Mr.. Barker contends. G,at tIs ,,,e,.
per cehl Is 10 he added to the face OF the bill and
inni tie whole sam is then to be brought ;nto LnI.
"'S nj ne '"ie OF exchange current at the tne of
Hs return, IN such way that the holder NAV racn;
money enough 10 purchase new bill for Goo
1t is taSen for granted by NJ. Baldwin ,l,,, the
supreme oGrt OF this state in Dcnsion rs Hender
son q Cann', have adopted his mode OF c,lculot,or
wore thi' SO, should very reluctantly depart C,a,n
u loF III case, Involving principle OF av 1nt
mere Question "i usage, which ought 10 furnish Tie
RUE nothing would be- more idlr dian for two
courts, sIng ~ the same state, although not LonnJ
" G'C" D'"er decisions 10 sanction different modes
oil adjusting iio same transaction and tiat Too
when the ono mode will a. piol,ably pro,,n,o d.
ends Oi justice as the other But las this oo;nt Loo
drhniircly settled by the Supreme Court Altb,rgb
'"e NcSsi"ns used, seem at first susceptible of fhe
understanding pat on them by The plaintiffs conn
SCI, ihey acc no as entirely free fioin ambiouv ne
we should have Ound them, If the uuestion ,,,';,L
arises mere, had been distinctly presented ia that
case ihc Court $50 -" The iury pape g. ,.l,., =, r
Tue hh ~ lic rate Of eSchange at The fine of mn.
zee 10 INC iHlorgfs, with 20 per cent danacos mn
Tie Ho"'TH ani'hrH OF The hill and this was rinf,
.Noi q WORD hire said rs 10 tic manner in yyI;cb
th'' ~ per cent (Which both parties aaree il to l."
ch'r-cJ 0h the iace Of the bD is 10 be- brough, ino
currency, whether 90 par ~ tine cxchanoe ,l,rn
n0Hce vas gltcH. It ihc iurg in fhat case adontod
we hS' W"dc, dnrs not appear that their doing 40
=, .'ilt" my particular attention on the pau of the
N"Nfi, OF o' iHe counsel concerned Among the n.
the' questions ~ That cause, which were of more i'm,
p"'nc', u IS not improbable that this ono was over
looked lH ilns uHccraIniy have fhouabt proocr ,o
MORN NY cav Oh the custom of orr merchants on tlis
,"y',' ~" 70 roniofm 10 Of, especially when il is
consriefed ~ has already been suggested thai nei
Her rule apart from such custom is much prerera
80 49, siHrF yet in favor of the one pgop,sed h.,
Hf. bThcf, % ';idy DE sad, that rs the rate Of ,.x
cNi'2" u 10 govern IN settlement Of the ,ce of f
'il' %" gnol reason can be offered why the dams-
S'- or incdrht Should not be- liquIaicd i'm the same
way WIN 'hr principal aud be subject TO tie ike
'gN"H4 Let ether utc par OF ii;e current rale
&" eNch"n2e We established the rule apvlical,le to
"ill. .Hlf "h - lJuu ti bill ifsclf IS To he
S'uieii ~ ur cuTrcGf r3tc Of czchaon. he SOM. a.,
ccri9lnis WHEN n bi is sold, M. 10 tie srm ,bci,
H "'''"ff may save 90 ply w case nf lis RETURNING
unaer protect. 10 s manifest chat the Co,,r, ~ b.
Fe'7' W vH'ns VS.. Dash, intended 10 REVERSE The TO-
sl.'H o. we Snpr"mr Count, faat tie amount of tho
w" s.'t"'" e "jlnd ni pIf. and 10 adopt he MGR
''"''t '''1o WHei Bad prcviOssly been 4, lre,,l,;a
ipe "''" ~ use cr.rcai ralc Of cNcaner: anil al.
ii'ns ~ 'is case 40 distinction appears 10 have boon
la'tH "''Ncrn i.fo principal aud io rtn,aaea ,ef nd
u'F Nt'c fnar iy romwcrcinl u.age ~ dt,r ,lc.
siu" y y i't lf"imie ilut they wnnl hovr a,lo,,i
co e" - e i"se % iho Dill aud elected II a. 10 ,