Ludlow, Brewerton, & Strong v. Van Rensselaer
New York Supreme Court
¡ m, . , . r , ,, 1 A bis was an action ovassumpsit, on a promissory note made by the defendant, in 1798, for 3400 livres, paya- . - 1 J ble to Alexander Stewart, or order, on demand, for value received of Paul R. Randall, which note was indorsed to the plaintiffs, as trustees of Randall. The declaration also contained a count for money had and received. Plea, non assumpsit.
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¡ m, . , . r , ,, 1 A bis was an action ovassumpsit, on a promissory note made by the defendant, in 1798, for 3400 livres, paya- . - 1 J ble to Alexander Stewart, or order, on demand, for value received of Paul R. Randall, which note was indorsed to the plaintiffs, as trustees of Randall. The declaration also contained a count for money had and received. Plea, non assumpsit. The cause was tried at the New-Tork sittings, on the 5th of January, 1805, before Mr. Justice Livingston. The note was offered in evidence on both counts,' and it was admitted at the trial, that the note was made at…
1Opinion of the CourtLivingston, J.
The payee of this note, though it was made in France, resided at the time, within this state, where it was to be paid.— As we do not sit here to enforce the revenue laws of other countries, it is perfectly immaterial, in a suit before us, whether or not the note was stamped according to the laws of France. Such a duty is not imposed upon us, nor, if it be admitted that.the law of France, in this instance, has been violated, are we bound to take notice of such violation! If it were otherwise, it might well be said, that the parties never contemplated exacting the payment of this note in that…
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