Smith v. Mead
Supreme Court of Connecticut
The plaintiff declared upon a promissory note, made by the defendant, at ¡Niagara, in the British province of Upper Canada, dated the 10th oí July, 1818, and then and there delivered to the plaintiff, in and by which the defendant promised the plaintiff, for value then and there received, to pay to him, or order, the sum of 402 dollars, 72 cents, on demand, with interest.
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The plaintiff declared upon a promissory note, made by the defendant, at ¡Niagara, in the British province of Upper Canada, dated the 10th oí July, 1818, and then and there delivered to the plaintiff, in and by which the defendant promised the plaintiff, for value then and there received, to pay to him, or order, the sum of 402 dollars, 72 cents, on demand, with interest. The defendant pleaded in bar, a discharge under the insolvent law of the state of ¡New-York, passed in April, 1813. The plea stated, that although the note was made and delivered at Niagara in Upper Canada, yet the plaintiff…
1Opinion of the Court
Hosmer, Ch. J.
The first enquiry in this case, is, by what law the contract made between the parties is to be governed.
The promissory note was executed in Canada⅞ in discharge of an antecedent debt, and was made payable on demand. It is an established principle, that contracts are to be construed according to the laws of the state in which they are made, unless it is perceived from their tenor, that they were entered into with a view to the laws of some other state. Blanchard v. Russell, 13 Mass. Rep. 4. Burrows v. Jemino, 2 Stra. 733. 3 Dall. 374, in a note. Male v. Roberts, 3 Esp. Rep. 163.…
2Cases cited3 opinions
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Powers v. LynchMassachusetts Supreme Judicial Court · 1807
- Hamilton v. MooreSupreme Court of the United States · 1797
3Cited by14 opinions
- Arnold v. PotterSupreme Court of Iowa · 1867
- State v. County of CitrusSupreme Court of Florida · 1934
- Hempstead v. ReedSupreme Court of Connecticut · 1827
- Philadelphia Loan Co. v. TownerSupreme Court of Connecticut · 1839
- Beggs & Co. v. BartelsSupreme Court of Connecticut · 1900
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