Butler v. Horwitz

ERROR to the Court of Common Pleas for Maryland.

Daniel Bowly, on the 18th of February, 1791, leased to Conrad Orendorf a lot of ground in the city of Baltimore, for ninety-nine years, renewable forever, reserving rent in the following words: 'Yielding and paying therefor to the said Daniel Bowly, his heirs and assigns, the yearly rent or sum of 15, current money of Maryland, payable in English golden guineas, weighing five pennyweights and six grains, at thirty-five shillings each, and other gold and silver at their present established weight and rate according to act of Assembly, on the 1st day of January in each and every year during the continuance of the present demise.'

On the 1st of January, 1866, one Horwitz was the owner of the rent and reversion, and a certain Butler of the leasehold interest in the lot. It being agreed that the 15 was equal to $40 in gold and silver, Butler tendered to Horwitz the amount of the annual rent, that is to say $40, then due, in currency, which Horwitz refused to receive, and brought suit to recover the value of the gold in currency, which being on the 1st of January, 1866, at a premium of $1.45, was $58. The court below gave judgment in favor of Horwitz for that amount with interest, $59.71. The case was thereupon brought here by Butler, for review.

Mr. J. R. Quin, for the plaintiff in error; Mr. B. F. Horwitz, contra.

the CHIEF JUSTICE delivered the opinion of the court.