Carson v. Hunter
Supreme Court of Missouri
Error to Second District Court. I. The statute (Rev. Stat. Arkansas, 527) works a discharge of the note everywhere. Whatever constitutes a good defense by the law of the place where the contract is made or is to be performed, is equally good in every other place where the question may be litigated.
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Error to Second District Court. I. The statute (Rev. Stat. Arkansas, 527) works a discharge of the note everywhere. Whatever constitutes a good defense by the law of the place where the contract is made or is to be performed, is equally good in every other place where the question may be litigated. (2 Kent’s Com. 574, 7th ed.; Goodman v. Monks, 8 Post, Ala., 84; Gordon v. Preston, Wright, Ohio, 341; Horton v. Hosmer, 16 Ohio, 145; Davis v. Minor, 1 How., Miss., 183 ; Baker v. Stonebreaker, 36 Mo. 338 ; Stephens v. St. Louis National Bank, 43 Mo. 335; Const. U. S., art. iv, § 1.) The statute…
1Opinion of the CourtBliss, Judge
The plaintiff brought his action upon a promissory note given him by defendant at Pocahontas, Arkansas, November 12,1861, to which the maker sets up two defenses: first, the statute' of limitations of Arkansas; second, illegality of consideration.
This suit was brought in Missouri, and we have nothing to do with the Arkansas act of limitation. The lex fori decides all questions pertaining to the remedy, and the statute given in evidence does not vary substantially from our own, except that the time is fixed at five instead of ten years. It is too well settled now to admit of question, that…
2Cases cited8 opinions
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- The Ouachita CottonSupreme Court of the United States · 1868
- King v. LaneSupreme Court of Missouri · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re RahnSupreme Court of Missouri · 1927
- Gross v. WattsSupreme Court of Missouri · 1907
- Woodruff v. ShoresSupreme Court of Missouri · 1945
- Williams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.