Adams v. Addington
United States Circuit Court
On Application for Leave to Filo a Motion for a New Trial. This suit was instituted against J. P. and Z. T. Addington, as the makers, and Mulliall & Scaling, as the indorsers, on a promissory note, of which the following is a copy: “Gainesville, Texas, November 8, 1880. “ Seven months after date-—, or either of us, promise to pay to Mulliall & Sealing, or order, ten thousand eight hundred and ninety-one 67-100 dollars, at the office of Putman, Chambers & Co., in Gainesville,…
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On Application for Leave to Filo a Motion for a New Trial. This suit was instituted against J. P. and Z. T. Addington, as the makers, and Mulliall & Scaling, as the indorsers, on a promissory note, of which the following is a copy: “Gainesville, Texas, November 8, 1880. “ Seven months after date-—, or either of us, promise to pay to Mulliall & Sealing, or order, ten thousand eight hundred and ninety-one 67-100 dollars, at the office of Putman, Chambers & Co., in Gainesville, Texas, for value received, with interest at the rate of 1 per cent, per month after maturity until paid, and in case of…
1Opinion of the CourtPabdee, J.
The note sued on was made in Texas, and was made payable in Texas. In that state it is a valid contract, and its stipulations can be enforced in the courts. Miner v. Paris Ex. Bank, 53 Tex. 559; Roberts v. Palmore, 41 Tex. 617. Therefore all questions of usury, public policy, costs, and penalties are eliminated from this case, and no point is left for discussion, save the question of the negotiability of the note. And this last question is one arising under the law-merchant, where the courts of the United States are not bound by the decisions of the local courts under local statutes, but…
2Cases cited16 opinions
- Miner v. Paris Exchange BankTexas Supreme Court · 1880
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Austin v. JordanTexas Supreme Court · 1849
- Hubbard v. HarrisonIndiana Supreme Court · 1871
- Woollen v. UlrichIndiana Supreme Court · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- State Nat. Bank v. Cudahy Packing Co.U.S. Circuit Court for the District of Western Missouri · 1904
- Mazaika v. Bank One, Columbus, N.A.Superior Court of Pennsylvania · 1995
- Mazaika v. Bank One, Columbus, N.A.Superior Court of Pennsylvania · 1995