Atwater's administrator v. Townsend
Supreme Court of Connecticut
This was an action of assumpsit against the defendant, as the acceptor of a bill of exchange; commenced in 1819, and tried in the superior court, at New-Haven, August term, 1820, before Hosmer, Ch. J. In November, 1810, the defendant, then, and for more than eight months afterwards, an inhabitant of the city of New-York, stated an account with the plaintiff’s intestate, a citizen of New-Haven, in Connecticut, in which he acknowledged a balance due of 761 dollars.
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This was an action of assumpsit against the defendant, as the acceptor of a bill of exchange; commenced in 1819, and tried in the superior court, at New-Haven, August term, 1820, before Hosmer, Ch. J. In November, 1810, the defendant, then, and for more than eight months afterwards, an inhabitant of the city of New-York, stated an account with the plaintiff’s intestate, a citizen of New-Haven, in Connecticut, in which he acknowledged a balance due of 761 dollars. The plaintiff’s intestate, in the same month of November, drew a bill of exchange, for this sum, dated at New-Haven, on the…
1Opinion of the Court
Hosmer, Ch. J.
In Medbury v. Hopkins, 3 Conn. Rep. 472. it was determined, by this Court, that although in the construction of a contract, reference must be had to the place where it was made; yet with regard to the remedy upon it, that must be governed by the laws of the state where it is sought. On *49this principle, the statute of limitations of the state of New-York was adjudged to be of no avail; and in the point of determination, that case was precisely like the one before the court. This question has often been decided, and must be considered as at rest. Pearsall & al. v. Dwight, 2 Mass.…
2Cases cited3 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Medbury v. HopkinsSupreme Court of Connecticut · 1820
- Woodbridge v. WrightSupreme Court of Connecticut · 1821
3Cited by5 opinions
- Illustrated Postal Card & Novelty Co. v. HoltSupreme Court of Connecticut · 1912
- Tagart v. IndianaSupreme Court of Missouri · 1851
- Urton v. Hunter, Harris & Co.West Virginia Supreme Court · 1867
- Wood v. MalinSupreme Court of New Jersey · 1828
- Wood v. MalinSupreme Court of New Jersey · 1828