Legal Opinion

Kellogg v. Miller

United States Circuit Court

Decided January 15, 1881PublishedCited by 3 opinions

In Equity.

1Opinion of the CourtMcCrary, C. J.

By, the law of New York a contract for tbe payment of more than 7 per cent, per annum interest on money borrowed is absolutely void. If, therefore, the contract sued on in this case is a New York contract, and to be governed by the New York statute, it cannot be enforced. If, on the other hand, it is a Nebraska contract, and to be governed by the Nebraska statute, it is valid. To aid us in the determination of the question, what law shall be applied, we have the following undisputed facts:

*199(1) That complainant is, and was at the time of the contract, a resident and citizen of the state of New…

2Cases cited6 opinions

  1. Arnold v. PotterSupreme Court of Iowa · 1867
  2. Jackson v. ClevelandMichigan Supreme Court · 1866
  3. Masterson v. CheekIllinois Supreme Court · 1859
  4. Newman v. KershawWisconsin Supreme Court · 1860
  5. Cooper v. JacksonWisconsin Supreme Court · 1856

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kronovet v. LipchinCourt of Appeals of Maryland · 1980
  2. Mueller v. OberSupreme Court of Minnesota · 1927
  3. George v. Oscar Smith & Sons Co.Court of Appeals for the Fifth Circuit · 1918

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