International Harvester Co. of America v. McAdam
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: Geoeg-e Gbimm, Circuit Judge. Action to recover on a promissory note against Gertrude McAdam, a married woman, who signed, as accommodation maker, with her husband and another-. At the time of such execution all the makers were residents of Sbuth Dakota and that was also- the place of performance. When the action was commenced respondent and her husband were residents of Wisconsin.
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Appeal from a judgment of the circuit court for Jefferson county: Geoeg-e Gbimm, Circuit Judge. Action to recover on a promissory note against Gertrude McAdam, a married woman, who signed, as accommodation maker, with her husband and another-. At the time of such execution all the makers were residents of Sbuth Dakota and that was also- the place of performance. When the action was commenced respondent and her husband were residents of Wisconsin. She pleaded, separately, incompetency to hind herself as an accommodation maker because of her being a married woman. By the law of South Dakota,…
1Opinion of the CourtMaurttaut., J.
Tbe appeal raises for decision this proposition: Is a married woman’s contract as accommodation *118maker of a promissory note, which is valid in the place where made, enforceable in the courts of this state1, such a contract not being valid if made here % The proposition, in the main, is governed by a few quite elementary principles.
The first principle is this: As to mere personal contracts the law thereof as to their validity and interpretation, is that of the place where they were made; the lex loci contractus?. unless the parties thereto intended that'they should be governed by the law of the…
2Cases cited38 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- The KensingtonSupreme Court of the United States · 1902
- Wight v. RindshopfWisconsin Supreme Court · 1877
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3Cited by47 opinions
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- Intercontinental Hotels Corp. v. GoldenNew York Court of Appeals · 1964
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- Tate v. HainSupreme Court of Virginia · 1943
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