Byrne v. Crowninshield
Massachusetts Supreme Judicial Court
Assumpsit by the endorsee against the maker of sundry promissory notes, dated at New York, on the 29th day of March, 1811. The defendant pleads the statute of limitations of the state of New York, in bar; and avers that, at the time when the supposed cause of action accrued to the plaintiff, the parties resided in and were citizens of that state, and that the cause of action accrued, if at all, within the said state.
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Assumpsit by the endorsee against the maker of sundry promissory notes, dated at New York, on the 29th day of March, 1811. The defendant pleads the statute of limitations of the state of New York, in bar; and avers that, at the time when the supposed cause of action accrued to the plaintiff, the parties resided in and were citizens of that state, and that the cause of action accrued, if at all, within the said state. To this plea the plaintiff demurs, and the defendant joins in demurrer.
1Opinion of the Court
By the Court.
The case cited by the plaintiff’s counsel from our own reports, is decisive of this action. The principle has often been recognized, that the laws of the country where the contract is *45made, are to govern its construction; those of the country where the remedy is sought, are to prescribe that remedy.
A difference has been attempted to be shown in this case, from that of Pearsall & Al. vs. Dwight, & Al. in that both the parties to this action were inhabitants of New York at the time when the contract was made, and the cause of action accrued. But that fact was assumed in the case…
2Cases cited1 opinion
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
3Cited by10 opinions
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Hays v. CageTexas Supreme Court · 1847
- McConnell v. SpickerSouth Dakota Supreme Court · 1901
- Tagart v. IndianaSupreme Court of Missouri · 1851
- Bulger v. RocheMassachusetts Supreme Judicial Court · 1831
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