Legal Opinion

Clarke v. Foss

District Court, W.D. Wisconsin

Decided March 15, 1878PublishedCited by 15 opinions

[In bankruptcy. Bill by Charles Edward. Clarke, assignee, etc., against Sylvester D. Foss and others.] cited the following authorities: In this case the lex loci contractus determines the rights of the respective parties. These contracts were made and to be performed in Chicago, and are therefore to be governed by the laws of the state of Illinois. Edw. Bills & N. §§ 177, 185; Stacy v. Baker, 1 Scam. 417. These contracts were valid under the decisions of Illinois.

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[In bankruptcy. Bill by Charles Edward. Clarke, assignee, etc., against Sylvester D. Foss and others.] cited the following authorities: In this case the lex loci contractus determines the rights of the respective parties. These contracts were made and to be performed in Chicago, and are therefore to be governed by the laws of the state of Illinois. Edw. Bills & N. §§ 177, 185; Stacy v. Baker, 1 Scam. 417. These contracts were valid under the decisions of Illinois. Pixley v. Boynton, 79 Ill. 351; Logan v. Musick, 81 Ill. 415; Wolcott v. Heath, 78 Ill. 433; Lyon v. Culbertson, S3 Ill. 33…

1Opinion of the Court

BUNN, District Judge.

This is a suit in equity begun by the assignee of C. B. Stevens & Sons, bankrupts, to set aside and cancel six certain promissory notes for the sum of one thousand two hundred and thirty-one dollars and ten cents each, aggregating seven thousand three hundred and eighty six dollars and sixty cents, and a mortgage upon real estate in De Soto, in Yernon county, Wisconsin, to secure the same, executed by C. B. Stevens & Sons to the defendants, December 1, 1874, on the ground that the same are void as being given to secure a consideration arising out of certain option con-'…

2Cases cited6 opinions

  1. J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
  2. Pixley v. BoyntonIllinois Supreme Court · 1875
  3. Wolcott v. HeathIllinois Supreme Court · 1875
  4. Prout v. LomerIllinois Supreme Court · 1875
  5. Logan v. Musick & BrownIllinois Supreme Court · 1876

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3Cited by15 opinions

  1. Lyons Milling Co. v. Goffe & Carkener, Inc.Court of Appeals for the Tenth Circuit · 1931
  2. Hawley v. BibbSupreme Court of Alabama · 1881
  3. Anderson v. StateCourt of Appeals of Georgia · 1907
  4. Cunningham v. National BankSupreme Court of Georgia · 1883
  5. Whitesides v. HuntIndiana Supreme Court · 1884

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