Andrews v. Herriot
New York Supreme Court
Action of covenant tried before Throop,.C. Judge, a'f the Onondaga Circuit, 1823. The declaration was in covenant on a contract between the parties, to be performed in the state of Pennsylvania. Plea, non est factum. On the trial, the contract offered in evidence was signed with the name of Herriot; but instead of wafer or wax, there was a scrawl with the word seal in the locus sigilli ; and the concluding words off the contract purported a seal in the usual form.
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Action of covenant tried before Throop,.C. Judge, a'f the Onondaga Circuit, 1823. The declaration was in covenant on a contract between the parties, to be performed in the state of Pennsylvania. Plea, non est factum. On the trial, the contract offered in evidence was signed with the name of Herriot; but instead of wafer or wax, there was a scrawl with the word seal in the locus sigilli ; and the concluding words off the contract purported a seal in the usual form. A counsellor at law, of the state of Pennsylvania, was sworn as a witness for the plaintiff, and testified that, by the common law…
1Opinion of the Court
The Chief Justice informed Mr. Birdseye, that the Court had examined the question during their recess ; that Mr. B. was fully supported by Meredith v. Hinsdale, if that were now to be received as law; but the current of author*510ity, since the decision of that case, had been uniform and unbroken, that the lex loci contractus governs only as to the construction of the contract; and has nothing to do with, the remedy, which is controlled entirely by the lex fori, We are satisfied that Meredith v. Hinsdale was decided without proper attention to this distinction. The dispute is merely upon the…
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