E. B. Hauck Clothing Co. v. Sharpe
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Eon. David E. Eby, Judge. (1) A contract if valid and binding where made or entered into, is valid and binding everywhere. 3 Am. & Eng.
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Appeal from the Pike Circuit Court. — Eon. David E. Eby, Judge. (1) A contract if valid and binding where made or entered into, is valid and binding everywhere. 3 Am. & Eng. Ency. of Law [1 Ed.], 552; Wharton on Conflict of Laws [1 Ed.], sec. 401g, p. 339; Kent’s Commentaries [9 Ed.], 598, orig. paging 454; Stis v. Matthews, 15 Mo. 96; Tolman Oo. v. Reed, 115 Mich. 11. (2) Where a contract would be valid by the law of domicile, but invalid by the. place of contract, it is to be presumed that the parties intended to be bound by the law of domicile. It is always to be presumed that persons…
1Opinion of the CourtBland, P. J.
Suit on the following promissory note: “$500. Logansport, Ind., March 3, 1896.
“Six months after date, for value received, we promise to pay to W. ~W. Sharpe or order at the First National Bank, of Logansport, Indiana, the sum of five hundred dollars, with interest at the rate of eight per cent per annum from date until paid, and attorneys’ fees, without any relief, whatever, from valuation or appraisement laws. The makers and indorsers jointly and severally waive presentment for payment, protest, and notice of protest, and nonpayment of this note.
“(Signed) Sophia °E. Sharpe.”
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2Cases cited17 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Tilden v. BlairSupreme Court of the United States · 1875
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Bell v. PackardSupreme Judicial Court of Maine · 1879
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3Cited by6 opinions
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- Elam v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
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