Morgan v. Neal
Idaho Supreme Court
APPEAL from District Court, Ada County. The nature and character of a contract are to be determined by the law of the place intended by the contracting parties; and in the absence of an expressed intention to the contrary it will be deemed that the law of the place where the contract was made was so intended. (New 'England Mortgage Security Go. v. Yader, 28 Fed. 265; Gourtois v. Garpentier, 1 "Wash. C. C. 376, Fed. Cas.
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APPEAL from District Court, Ada County. The nature and character of a contract are to be determined by the law of the place intended by the contracting parties; and in the absence of an expressed intention to the contrary it will be deemed that the law of the place where the contract was made was so intended. (New 'England Mortgage Security Go. v. Yader, 28 Fed. 265; Gourtois v. Garpentier, 1 "Wash. C. C. 376, Fed. Cas. No. 3,286; Daniel on Negotiable Instruments, 3d ed., pars. 903-907; Tiedeman on Commercial Paper, secs. 409, 507, 508; Story on Promissory Notes, Perry’s ed., see. 168;…
1Opinion of the CourtStockslager, J.
This case is here for review on appeal from the district court of Canyon county, and from an order of said court overruling a motion for a new trial. In the complaint it is alleged: That on the twenty-ninth day of August, 1890, at Denver, Colorado, the defendant made and delivered to the Colorado Security Company his two certain promissory notes, to wit:
“$200. Denver, Colo., Aug. 29, 1890.
“On the first day of August, 1895, value received, for money loaned, I promise to pay to the order of the Colorado Security Company $200, with interest on the same at the rate of two per cent per month after…
2Cases cited3 opinions
- Quinn v. DresbachCalifornia Supreme Court · 1888
- Wilcox v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Minnesota · 1877
- Sax v. DrakeSupreme Court of Iowa · 1886
3Cited by9 opinions
- Campbell v. GowansUtah Supreme Court · 1909
- Griswold v. DavisTennessee Supreme Court · 1911
- International Life Ins. Co. v. BradleySupreme Court of Oklahoma · 1926
- Hunsaker v. RhodehouseIdaho Supreme Court · 1955
- Hoffman Bros. v. First Nat. BankSupreme Court of Oklahoma · 1932
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