Howe v. Welch
City of New York Municipal Court
Appeal from an order setting aside a verdict directed in favor of the plaintiff, and ordering judgment for the defendant.
1Opinion of the Court
Me Adam, O. J.
Prior to the amendment contained in section 390 of the Code, a plea of the Statute of Limitations of another state or country, where the contract was made or the debtor resided, was no bar to an action upon the contract in this state, because the lex fori governed (Miller agt. Brenham, 68 N. Y., 83). The axiom of the law “that where there is a discharge by the law of one state or country it will be a discharge in another,” does not apply to statutory discharges, because the laws of the state under which. the discharge was granted have no extra territorial force, and for that…
2Cases cited7 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Bell v. MorrisonSupreme Court of the United States · 1828
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Penley v. WaterhouseSupreme Court of Iowa · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United Trust Corp. v. BurgessNew York Supreme Court · 1940
- Matthews v. DickinsonAppellate Terms of the Supreme Court of New York · 1901