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Legal Opinion · Dissent

Herbert v. Sullivan

Court of Appeals for the First Circuit

Decided November 14, 1941No. 3693Published

1DissentMagruder, Circuit Judge

(dissenting)-

I am constrained to dissent from the opinion of the court.

The note in question purports to have been made in New Hampshire. Where it was delivered does not appear, but by its terms it was payable in Massachusetts. Under the New Hampshire rule of the conflict of laws, the validity of the note as a contractual obligation of the defendants is governed by the law of Massachusetts, the place of performance. New York Life Insurance Co. v. McKellar, 1895, 68 N.H. 326, 330, 44 A. 516. Therefore, the federal district court sitting in New Hampshire, applying the New Hampshire rule of…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  4. Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
  5. Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924

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