Clamorgan & Lisa's Ex'rs v. Guisse

• Decision Date: 31 October 1821
• Citation: 1 Mo. 141
• Parties: CLAMORGAN & LISA'S EXECUTORS, APPELLANTS, v. GUISSE, SNIDER, MORRISON & SUMMERS, APPELLEES.
• Court: Missouri Supreme Court

1 Mo. 141

CLAMORGAN & LISA'S EXECUTORS, APPELLANTS,

v.GUISSE, SNIDER, MORRISON & SUMMERS, APPELLEES.

Supreme Court of Missouri.

October Term, 1821.

MCGIRK, C. J.

This is an appeal from Chancery, to reverse a decree of dismissal of the appellants' bill of complaint and dissolution of an injunction. The bill shows that in 1806, Clamorgan and Lisa made their bond to Guisse & Snider, for twelve thousand dollars, conditioned that if they should, by the first of April, 1808, pay six thousand dollars, payable in shaved deer skins at 40 cents to the pound, then the bond was to be void, &c. on this bond there was judgment in the Supreme Court in 1813, for six thousand dollars, and interest on that sum at the rate of six per cent. per annum. The plaintiffs' intestates bring their bill to be relieved against a part of this judgment, and obtained an injunction for a considerable part of the judgment, say one-sixth and the interest thereon. The bill alleges and insists that in the year 1806, in this county, shaved deer skins at 40 cents per Ib., were only worth 33 1-3 cents in money; or in other words, that a peltry dollar was in value two and a half pounds of skins, and that a silver dollar was equal to three pounds of deer skins, making a difference of one-sixth; and it is alleged by the bill, that by the custom of the country, a contract like the present was understood and taken to be a peltry contract, and that the sum of six thousand dollars being mentioned, was to be understood as a means for ascertaining the number of pounds of deer skins to be paid, when taken in connection with the price of the pound being fixed at 40 cents. The bill alleges also, that Morrison is the real owner of this judgment, and that Guisse, Snider & Summers have no interest therein, and that Morrison being the owner on the trial of this cause at law, it was refused to them to give credits or allow a set-off, which ought to have been allowed against Morrison. The bill further insists, that inasmuch as in April, 1808, deer skins had fallen to 20 cents per lb., and that as 15,000 lbs. of deer skins was the real thing contracted for, that 20 cents per Ib. on that amount should be the measure of damages.

The first question urged before this Court, is, that this being a penal bond, this Court, although the Court of Law did enter into the condition, and gave a construction thereto, are not ousted of their equitable jurisdiction to do so, and to pare down the damages if the complainants construction of the condition is right.

Second. That there should be a decree against Morrison, because it is alleged he undertook to give a credit of $2,000 on the bond, while he held it as agent, he at that time owing Manuel that amount, which credit he failed to give; and also, that one Menard owing Manuel Lisa $1,100, Morrison undertook to collect that, and credit it also on the bond, which he failed to do; and also that the bill alleges Morrison at that time was the real owner of the bond. And, thirdly; that the bond is to be considered as a peltry bond, and worth one sixth less than a cash bond; therefore, there must be a deduction of one-sixth; and that also, that the bond is to be so construed, that the value of 15,000 lbs. of shaved deer skins, at the time of payment, shall be the measure of damages, which was 20 cents per Ib., which would reduce the sum to $3,000 with interest. As to the first question, will a Court of Equity look into the...