Miller v. McIntyre
Supreme Court of Alabama
Error to the Circuit Court of Sumter, This was an action of assumpsit at the suit of the plaintiffs in error against the defendant, as the indorser of four specialties. The declaration contains eight counts, each of which were severally demurred to, demurrers sutained, and the plaintiff declining to amend, judgment was rendered in favor of the defendant. Upon each indorsement are two counts, which vary from each other, but present a model of the entire declaration.
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Error to the Circuit Court of Sumter, This was an action of assumpsit at the suit of the plaintiffs in error against the defendant, as the indorser of four specialties. The declaration contains eight counts, each of which were severally demurred to, demurrers sutained, and the plaintiff declining to amend, judgment was rendered in favor of the defendant. Upon each indorsement are two counts, which vary from each other, but present a model of the entire declaration. The first count alledges that James Miller executed his bill single under seal, by which he promised to pay Angus McIntyre, on,…
1Opinion of the CourtCollier, C. J.
The indorsement by the defendant, it is alledged, assigned to the plaintiff the entire interest in the bill single made by Miller. It was then a distinct and substantive contract, and like all others, which do not look to any particular place of performance, must be governed by the lex loci contractus. In the first count the indorsement is al*641¡edged to have been made in the State of Mississippi, and must of course be controlled by its laws.
We cannot judicially know what are the laws of a sister State, but in the absence of all opposing proof, it must be presumed, that those members of the…
2Cited by4 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Barron v. VandvertSupreme Court of Alabama · 1848
- Thompson v. HallSupreme Court of Alabama · 1849
- Cleaver v. PattersonSupreme Court of Alabama · 1848