Stevenson v. Payne
Massachusetts Supreme Judicial Court
Contract on fifteen promissory notes, signed by Alfred A. Williams, dated at New Orleans March 21, 1862, payable to the order of the defendants at their office in New Orleans, and indorsed by them. Answer, among other things, that the notes were given upon a contract for a loan of Confederate money, and were therefore without consideration, the defendants being accommodation indorsers ; and were also void for illegality of the consideration.
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Contract on fifteen promissory notes, signed by Alfred A. Williams, dated at New Orleans March 21, 1862, payable to the order of the defendants at their office in New Orleans, and indorsed by them. Answer, among other things, that the notes were given upon a contract for a loan of Confederate money, and were therefore without consideration, the defendants being accommodation indorsers ; and were also void for illegality of the consideration. Trial in this court, before Wells, J., who made a report thereof, which, so far as it relates to the point decided, was as follows: “ The evidence tended…
1Opinion of the CourtGray, J.
The notes in suit having been made and payable in Louisiana, the question of their validity depends upon the law of that state ; if they were void by that law, they are void everywhere. Story Confl. Laws, § 243. 2 Kent Com. (6th ed.) 458. Akers v. Demand, 103 Mass. 318.,By the Civil Code of Louisiana, art. 2026, “ every condition of a thing impossible, or contra bonos mores, or prohibited by law, is null, and renders void the agreement which depends on it.” It was adjudged by the supreme court of Louisiana in 1865, that, by virtue of this article, a merchant, who had deposited money in a bank…
2Cases cited1 opinion
- Akers v. DemondMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Murphy v. CollinsMassachusetts Supreme Judicial Court · 1876