Evans v. Anderson
Illinois Supreme Court
Writ of Error to the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was an action of assumpsit, by Joseph Evans, against Milton Anderson, upon a promissory note given by the defendant to John W. Jones, and assigned to the plaintiff.
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Writ of Error to the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was an action of assumpsit, by Joseph Evans, against Milton Anderson, upon a promissory note given by the defendant to John W. Jones, and assigned to the plaintiff. The defendant pleaded a failure of consideration, that the note was made in the State of Indiana, and, that by the laws of that State in force at the time the note was given, the maker of a note was entitled to all defenses against it in the hands of an assignee, which he could make against the same in the hands of the payee,…
1Opinion of the CourtJustice Breese
It would be an useless waste of time to discuss the principle which lies at the bottom of this case, as it has received the assent of all the common law tribunals of the United States, this State included.
The principle is, that the law of the place where a contract is made must govern the contract.
The note in question was made in the State of Indiana, and the laws of that State must govern as to the defenses which might be set up against a recovery thereon. It was in that State the maker undertook to pay. It was a contract of the place where made and where to be performed.
It is true, the note…
2Cases cited1 opinion
- Roundtree v. BakerIllinois Supreme Court · 1869
3Cited by8 opinions
- Pope v. HankeIllinois Supreme Court · 1894
- Forsyth v. BarnesIllinois Supreme Court · 1907
- Walker v. LovittIllinois Supreme Court · 1911
- Barrett v. DodgeSupreme Court of Rhode Island · 1890
- Harrison v. State Bank of HullAppellate Court of Illinois · 1976
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