Cases on the conflict of laws : selected from decisions of English and American courts . eason given for the decision was, that interest was givenas compensation for nonpayment in England and for the delay suffer-ed there, and that the law of the place where the default happenedmust govern the allowance of interest arising out of the default. Theinference is, that if the default had happened in another place, the in-terest would have been allowed at the rate established by the law ofsuch other place. In Gibbs v. Fremont, 9 Exch. 21:, a bill of exchange, on the face of,which no interest was res
Cases on the conflict of laws : selected from decisions of English and American courts . eason given for the decision was, that interest was givenas compensation for nonpayment in England and for the delay suffer-ed there, and that the law of the place where the default happenedmust govern the allowance of interest arising out of the default. Theinference is, that if the default had happened in another place, the in-terest would have been allowed at the rate established by the law ofsuch other place. In Gibbs v. Fremont, 9 Exch. 21:, a bill of exchange, on the face of,which no interest was reserved was drawn in California upon a draweeat Washington, and protested for nonacceptance. In an action by theindorsee against the drawee, in the Court of Exchequer in England,the plaintiff recovered interest, by way of damages, at the rate of _^ twenty-five per cent., being the rate payable in California. The ques- v 6^>**~^^ -tion considered was whether the plaintiff should have interest at the f OLai/Vp/ 4r*^^^rate current in Washington or in California, no claim even being ad-. vanced that only the much lower English rate was to be paid. The court followed the decision in Allen v. Kemble, 6 Moore, P. C. 314, in which it was said that the drawer of a bill of exchange is liable ] for payment of the bill, not where the bill was to be paid by the drawee, , ^ qq -^ ^ but where he^ the drawer, made his contract, with such interest, dam- ; yC^^§ ages, and costs as the law of the country where he contracted may / Jc**^^*^ allow. See, also, Ekins v. East India Company, 1 P. Wms. 395, and / 1 Eq. Cas. Abr. 288 (E). In Peck V. Mayo, 14 Vt. 33, 39 Am. Dec. 205, the defendants weresued in Vermont as indorsers of a promissory note, drawn in Canada,indorsed in Vermont, and payable in New York, at a day certain,without interest reserved. The court held that interest was recover-able as damages at the rate of seven per cent., being the New Yorkrate, and one per cent, higher than the rat
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