Legal Opinion

Downer v. Chesebrough

Supreme Court of Connecticut

Decided March 15, 1869PublishedCited by 43 opinions

Assumpsit, on the defendants’ endorsement of a promissory note; brought to the Superior Court in New London county and tried to the jury before Minor, J. The note was as follows:—“ Oswego, N. Y.,Nov. 25,1865. Two months after date we promise to pay to the order of Chesebrough and Leavens Two Hundred Dollars, at the First National Bank, value received. Thompson Brothers.” Endorsed—“ Chesebrough & Leavens.”

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Assumpsit, on the defendants’ endorsement of a promissory note; brought to the Superior Court in New London county and tried to the jury before Minor, J. The note was as follows:—“ Oswego, N. Y.,Nov. 25,1865. Two months after date we promise to pay to the order of Chesebrough and Leavens Two Hundred Dollars, at the First National Bank, value received. Thompson Brothers.” Endorsed—“ Chesebrough & Leavens.” The defendants filed the following plea:— The defendants plead and say that the plaintiff ought not to have and maintain his said action against them, because they say that prior to the date…

1Opinion of the CourtPark, J.

The indorsement in this case was made in the state of New York on a note payable there, and consequently the laws of that state must govern the contract, so far as its nature, obligation and interpretation are concerned. While this is true in relation to the lex loci contractus, it is equally true that the lex fori must govern the course of procedure in giving redress upon the contract. Story’s Confl. Laws, § 342; 2 Parsons on Notes & Bills, 326; Wood v. Watkinson, 17 Conn., 500.

If this cause had been tried in the state of New York, no doubt the defendants’ plea would have been held…

2Cases cited2 opinions

  1. Wood v. WatkinsonSupreme Court of Connecticut · 1846
  2. Bank of Albion v. SmithNew York Supreme Court · 1858

3Cited by43 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  3. Heating Acceptance Corporation v. PattersonSupreme Court of Connecticut · 1965
  4. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  5. Emery v. BurbankMassachusetts Supreme Judicial Court · 1895

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