Draper against Rastal
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Exchequer |
English Reports Citation: 79 E.R. 75
IN THE EXCHEQUER CHAMBER.
[88] case 14. draper against hahtal. Easter Term, 44 Eliz. Roll. In debt on a contract for foreign coin, the declaration, whether by original or by bill, ought to demand the sum according to the English money ; and then shew the contract for foreign coin amounting to the sum laid. Post. 618. S. C. Moor, 775. S. C. Yelv. 80. 135. 1 Lut. 488. 1 Leon. 41. 1 And. 118. 4 Leon. 46. Cro. Eliz. 536. 5 Com. Dig. 189. 263. D&bt for thirty-nine pounds twelve shillings in the iltbd and detind; for that ho sold three northern cloths for sixty-six pounds -monetie Flandrue adtwnc currant in Middleburgh, qiice quidern sixty-six pounds monetce Fkvndrice ternpure emptionls, &c. amounted to thirty-nine pounds twelve shillings monelte Aiujliie, xaleend. upon request; and that he had not paid the thirty-nine pounds twelve shillings : unite actio, &c. The defendant pleaded non debet ; and found for the plaintiff quod ilebet; and damages assessed to twelve pence, and costs to fifty-three shillings and four pence. It was moved in arrest of judgment, that the declaration was not good; for ho ought to have made his demand according to his contract, viz. sixty-six pounds moneke Flandrue attinyent. to so much of English money : for otherwise, if he demand so much English money, it doth not appear to the Court but that it may be mare than so much of Flanders money will amount to; and if he should have judgment according to his demand, the defendant might be prejudiced ; for he cannot traverse the value alledged. Also the jury upon the trial ought to have enquired of the value of the money, so as the Court might know how to give certain judgment. And although in original writs sued out of Chancery, the course is to demand so much of English money, that is, because they have another form in the Chancery; yet in such cases the declaration ought to be special to demand so much of Flemish money amounting to so much of English money ; and the judgment shall be according to the declaration, to recover the money as he declares, vel valorem inde; which shall be tried by a jury what it is. Fide 9 Edw. 4. pi. 49. 34 Hen. 6. pi. 12. and 11 Hen. 7. pi. 5. where debt was brought for five...
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