Johnston v. Gawtry
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. The contract sued on as alleged in the petition is a contract of a feme sole and it must be construed and its force and effect declared according to the laws of the state where it was made. Sureties, endorsers and guarantors are liable only according to the law of the place where their contract is made.
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Appeal from, St. Louis Court of Appeals. The contract sued on as alleged in the petition is a contract of a feme sole and it must be construed and its force and effect declared according to the laws of the state where it was made. Sureties, endorsers and guarantors are liable only according to the law of the place where their contract is made. Wharton’s Conflict of Laws, sec. 439 ; Story’s Conflict of Laws, secs. 278, 279; Aymar v. Sheldon, 12 Wend. 439. The contract sued on could not be enforced by the courts of New Jersey because the statute prohibits its making. Vankirk v. Skillum, 5 Vroom…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of the city of St. Louis for the purpose of charging the separate real estate of defendant, Anne E. G-awtry, a married woman, with the payment of a note indorsed by her for $10,079.69. On the trial a judgment and decree was rendered for plaintiff in conformity with the prayer of the petition, which on appeal to the St. Louis court of appeals was affirmed, from which judgment of affirmance defendants have appealed to this court. The opinion of the court of appeals is reported in 11 Mo. App. 322, and it is there held that the state in which a note…
2Cases cited3 opinions
- Lee v. . SelleckNew York Court of Appeals · 1865
- Johnston v. GawtryMissouri Court of Appeals · 1882
- Davis v. ClemsonU.S. Circuit Court for the District of Ohio · 1855
3Cited by10 opinions
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- Thompson v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1912
- McGarry v. NicklinSupreme Court of Alabama · 1895
- Standard Leather Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1908
- Tremain v. DyottMissouri Court of Appeals · 1912
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