Legal Opinion

Prentiss v. Savage

Massachusetts Supreme Judicial Court

Decided March 15, 1816PublishedCited by 17 opinions

Assumpsit by the indorsees against the drawer of a Bill ot Exchange. The action was submitted to the determination of the Court, upon the following facts agreed by the parties, namely.

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Assumpsit by the indorsees against the drawer of a Bill ot Exchange. The action was submitted to the determination of the Court, upon the following facts agreed by the parties, namely. The bill set forth in ttie declaration was drawn in the island of Jamaica, on the 29th of August, 1811, by the defendant, a citizen of this Commonwealth (who had been resident in Jamaica for fifteen years previous to this transaction, doing business as a merchant), payable to W. Torrey, an American citizen, then being at Jamaica, but never an inhabitant thereof, upon John Ferrers of the city of New York. The…

1Opinion of the Court

The cause stood over for advisement, and at this term the opinion of the Court was delivered by

Parker, C. J.

It seems to be an undisputed doctrine with respect to personal contracts, that the law of the place where they are made shall govern in their construction ; except when made with a view to performance in some other country, and then the law of such country is to prevail. This is nothing more than common sense and sound justice, adopting the probable intent of the parties as to the rule of construction. For, when a citizen of this country enters into a contract in another, with a citizen…

2Cited by17 opinions

  1. Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
  2. Dyke v. Erie Railway Co.New York Court of Appeals · 1871
  3. Andrews v. HerriotNew York Supreme Court · 1825
  4. Lincoln v. BattelleNew York Supreme Court · 1831
  5. Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898

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