Able v. McMurray
Texas Supreme Court
Appeal from jSTacogelochos. The appellee sued the appellant on a bill of exchange, alleged to'have been drawn by the defendant upon a commercial house ill Now Orleans, in the State of Louisiana. The. defendant pleaded that he was not iudobted as alleged in the petition. There was no averment in the petition of the legal rate of'interest of the State of Louisiana.
Read the full summary
Appeal from jSTacogelochos. The appellee sued the appellant on a bill of exchange, alleged to'have been drawn by the defendant upon a commercial house ill Now Orleans, in the State of Louisiana. The. defendant pleaded that he was not iudobted as alleged in the petition. There was no averment in the petition of the legal rate of'interest of the State of Louisiana. On the trial the defendant asked'the court to instruct the jury that if the draft was payable in the, city of New Orleans, in the State of Louisiana, they could not find interest for the plaintiff without proof of the legal rate of…
1Opinion of the CourtIVhebleb, J.
If the present were an open question, I am of opinion that upon contracts made or to be performed in another State in the absence of proof of the rate of interest allowed by the law of the contract, the court should treat the foreign law as being like our own, and should be governed by *176our law in allowing interest. (Story’s Conflict of Laws, sec. 638, n. 1,3d edit.: 2 Hill, (N. Y.) R., 201; 12 La. R., 594.)
A different rule,, however, was adopted in some early decisions of the Supreme Court of (lie Republic, which have been followed in subsequent cases. (Cook v. Crawford, 1 Tex. R., 9, 11, 12;…
2Cited by4 opinions
- Hamilton v. EilandCourt of Appeals of Texas · 1915
- Whitlock v. CastroTexas Supreme Court · 1858
- Aiken v. Hale & McDonaldTexas Commission of Appeals · 1880
- Hamilton v. EilandCourt of Appeals of Texas · 1915