Rastell v Draper
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 55
IN THE COURT OF KING'S BENCH
rastell versus draper. Cro. Jac. 88. Noy 13. 1 Brownl. 90. Mo. 775. Debt. Flemish money. 1 And. 118. 1 Cro. El. 536. Garth. 332. 5 Com. Dig. 189. 263. Debt; the plaintiff demanded 391. and declared that the 1 Maii anno 1. sold to the defendant twenty northern doathes for 601. Flemish, to be paid on request, which 601. Flemish attingunt ae to 391. English; and that the defendant, licet soipius requisitust had not paid the 39L ad dampnum, &c. The defendant pleaded nil debet; and it was found for the plaintiff, and moved in arrest of judgment, that the plaintiff ought to have demanded the sum according to the contract, which was for 601. Flemish, and to have shewn that it amounted to 391. English. But per totam Curiam, non allocaf ; for the 56 MICH. 3 JAG. B. R. YBLVERTON, 81. debt ought to be demanded by a name known, and the Judges are not apprised of Flemish money; and also when the plaintiff has his judgment, he cannot have execution by such name; for the sheriff cannot know how to levy the [81] money in Flemish; and moreover it is now made good by the verdict, for they have found the debt demanded, viz. 391. But if the contract had been for so many ounces of Flemish money, or for a bar of silver or gold, there it could not be demanded by the name of 201. or such sum; because it is not coin, nor is used in trade or merchandize ; bufc there he ought to have a writ of...
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