Matthews v. Paine
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court. Hon. W. H. Cate, Circuit Judge. The original note, out of which the two notes sued on grew, was made in the state of Tennessee, and by the laws of that state it was illegal, and subjected the taker, appellee’s intestate, to indictment and fine under the criminal laws' of the state of Tennessee. Thompson & Sieger’s Dig. Tenn. Stat., sec. 1944a £t seq.; Agreement of Counsel; Bill of Exceptions.
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APPEAL from Mississippi Circuit Court. Hon. W. H. Cate, Circuit Judge. The original note, out of which the two notes sued on grew, was made in the state of Tennessee, and by the laws of that state it was illegal, and subjected the taker, appellee’s intestate, to indictment and fine under the criminal laws' of the state of Tennessee. Thompson & Sieger’s Dig. Tenn. Stat., sec. 1944a £t seq.; Agreement of Counsel; Bill of Exceptions. And if a contract is illegal by the law of the place where made it is illegal and void everywhere; and state comity will not enforce it against the maker. Daniel on…
1Opinion of the Court
- Smith, J.
The administratrix of the estate of J. F. Davies, deceased, brought an action against Mathews on two promissory notes, made at .Osceola, in this state, July 12, 1877, for $627.62 and $500, respectively,, and due and payable to her intestate on the 1st day of January, in the years 1878 and 1879, with interest from date at ten per cent. ■ per annum. The defendant admitted the execution of the notes, hut alleged that they were given for an alleged balance due Davies on a certain other promissory note, dated Memphis, Tenn., April 17, 1873,. for the sum of $3402, made by J. H. Edrington…
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