Smith, et al. v. Gilmor, et al.
4 H&J 177 (1816)
W. by letter, in answer to an inquiry made of him by P. on what terms bills on Batavia to the amount of $ 30,000, could be had at Amsterdam. &c. stated, that "bills on Batavia night be purchased to the amount of f.75,000, or $ 30,000, at 48 per rix dollar of 2 1-2 a piece, and 10 or 12 pr. et. discount, to be paid immediately"--Held, by Baltimore county court, that the construction of the answer to the letter was, that an investment of 75,000 florins, Holland currency, or $ 30,000, money of the U. S. might be made in bills on Batavia, drawn according to the usual course of trade, in rix dollars; that for each rix dollar, for which the bills should be drawn, the purchaser would have to pay 48 stivers, Holland currency; and the value of the rix dollar, thus drawn for, was 2 1 2 florins Holland currency.That court also held, that if W was authorized by P, and undertook to purchase bills according to the terms stated in the above answer, and none other, he was obliged to purchase according to those terms or not to have purchased at all.That court being divided in opinion, (only two judges present,) refused the defendants' prayer to direct the jury that W was not bound by his undertaking to procure bills which would produce in Batavia 30,000 Spanish dollars. On appeal--Held, that the prayer ought to have been rejected.
Judges: John Johnson; John Buchanan; Richard Tilghman Earle; William Bond Martin.
Attorneys:
Luther Martin and William Pinkney for Appellants; Walter Dorsey and Robert Goodloe Harper for Appellees.
Appellate Court Records:
COURT OF APPEALS (Docket) Smith, et al. v. Gilmor, at al., 1816, June Term, no. 46 [MSA S414-6, 1/66/14/24].
COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Smith, et al. v. Gilmor, at al., 1816, June Term, no. 46, p. 449-452 [MSA S428-6, 1/67/6/20].
COURT OF APPEALS (Judgments, Western Shore) Smith, et al. v. Gilmor, at al., 1816, June Term, no. 46, [MSA S382-145, 1/62/14/35].
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