Lodge v. Phelps
New York Supreme Court
Thís was an action of assumpsit, brought by the plaintiff as' endorsee of a promissory note, made by the defendant to one Lloyd, and payable to him or order, dated at Suffield in the state of Connecticut. The plea was the general issue. On the "trial, before Mr. Justice Kent, at the sittings in New York, after July term, 1798, the plaintiff proved the hand-writing of the maker and endorser, and there rested his cause.
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Thís was an action of assumpsit, brought by the plaintiff as' endorsee of a promissory note, made by the defendant to one Lloyd, and payable to him or order, dated at Suffield in the state of Connecticut. The plea was the general issue. On the "trial, before Mr. Justice Kent, at the sittings in New York, after July term, 1798, the plaintiff proved the hand-writing of the maker and endorser, and there rested his cause. The defendant then proved, that by the laws of Connecticut, where the note was made, promissory notes (except ; bank notes) were not negotiable, so as to entitle the assignee…
1Per curiam
That personal contracts just in themselves and lawful in the place where they are made, are to be fully enforced according to the law of that place, and the intent of the parties, is a principle which ought to be universally received and supported. Butthip admission of the lex loci can have reference only to the nature and construction of the contract and its legal effect, and not to the mode of enforcing it; for every country must and will have modes of redress and judicial proceedings peculiar to its own jurisprudence, and is entitled to administer justice under the solémnity of its own…
2Cases cited3 opinions
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- Harlow v. BecktleIndiana Supreme Court · 1823
- Titus v. HobartU.S. Circuit Court for the District of Massachusetts · 1829
3Cited by10 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Cox v. AdamsSupreme Court of Georgia · 1847
- Scoville v. CanfieldNew York Supreme Court · 1817
- Van Schaick v. EdwardsNew York Supreme Court · 1801
- O'Rourke v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1915
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