Merchants & Planters National Bank of Sherman v. Appleyard

The note in question having been executed in the State of Texas, the substantive rights of -the parties are subject to the lex loci. However, since the plaintiff has instituted an action in this jurisdiction for the enforcement of its substantive rights against the defendant, its remedial rights are governed by the lex fori. McIntosh, North Carolina Practice and Procedure, section 103, page 104; Restatement, Conflict of Laws, section 603 (1934); 53 C.J.S., Limitations of Actions, section 28, page 972; Wells v. Simonds Abrasive Co., 345 U.S. 514, 97 L. Ed. ......, 73 U. S. Rep. 856; Sayer v.…