Lehmer v. Smith

15 F. Cas. 258, 1 Cin. L. Bull. 45

Opinion

EMMONS, Circuit Judge,

held that, in estimating the damages, no references could be had to the market at any time later than the date of the bankruptcy; that that was the date at which the plaintiffs knew that they would be obliged to sue, and that the policy of the law would not permit them to wait longer to take advantage of a further rise; that, even if the rule was as claimed by plaintiffs’ counsel, the plaintiffs in such actions were ordinarily allowed a reasonable time in which to sue; that such reasonable time would cease with the bankruptcy of the defendant, as it was then made apparent that he could neither replace the commodity or pay the damages. Judgment affirmed.