Goodman v. Munks
Supreme Court of Alabama
Error to the Circuit court of Mobile. Assumpsit on a promissory note, tried before Pickens, J. Plaintiff declared against defendant on a promissory note, to which defendant plead, that the note was made in South Carolina, and that defendant was a citizen of that State, more than four years after cause of action accrued on the note, and that by the law of South Carolina, all 'actions on any writing not a specialty, must be brought in four years, and not afterwards; and…
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Error to the Circuit court of Mobile. Assumpsit on a promissory note, tried before Pickens, J. Plaintiff declared against defendant on a promissory note, to which defendant plead, that the note was made in South Carolina, and that defendant was a citizen of that State, more than four years after cause of action accrued on the note, and that by the law of South Carolina, all 'actions on any writing not a specialty, must be brought in four years, and not afterwards; and further that no action was commenced in that State within four years after the right of action accrued on the note, and that…
1Opinion of the CourtCollier, C. J.
— The only question raised in this case is, whether, if persons residing in the same state, enter into a contract, in consideration of which, one stipulates by promissory note, to pay the other a sum of money at a particular day, and the promissor continues his residence within the state, until the statute of limitations of the locus cmitractus shall have operated a bar to a recovery, — can the maker of the note, who has removed to another state, when sued, avail himself of the prescription of the lex loci contractus, or shall the lex fori, in this particular, govern 1
It is well settled, that…
2Cases cited1 opinion
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
3Cited by14 opinions
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- Jean Dedmon v. Debbie SteelmanTennessee Supreme Court · 2017
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
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