Ex parte Heidelback
District Court, D. Massachusetts
The amount of debt which the holders of certain bills of exchange should prove against the estate of the bankrupt was submitted to the court upon agreed facts.
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The amount of debt which the holders of certain bills of exchange should prove against the estate of the bankrupt was submitted to the court upon agreed facts. Hei-delback, Frank, & Co., of New York, hold two similar bills, of one of which the following is a copy: “£2,500. Boston, May 6, 1875. Sixty days after sight of this first of exchange (second and third unpaid), pay to the order of myself twenty-five hundred pounds sterling, value received, and charge the same to account Charles H. Glyn. To Messrs. Robert Benson & Co., London.” Indorsed: “Pay to Heidelback, Frank, & Co., or order. Value…
1Opinion of the Court
LOWELL, District Judge.
The principles •of law upon which this case must be decided have been thus laid down by the supreme court in Scudder v. Union Nat Bank, 91 U. S. 406. Matters pertaining to the execution, validity, and interpretation of a contract are determined by the law of the place where it is made; those connected with its performance, by the law of the place of performance; those respecting the remedy, by the lex fori. The distinction between the law applicable to the validity and that governing the performance was first clearly announced in this •country, I believe, in the very…
2Cases cited11 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Taylor v. SnyderNew York Supreme Court · 1846
- Vanzant, Jones & Co. v. Arnold, Hamilton & JohnsonSupreme Court of Georgia · 1860
- Anderson v. DrakeNew York Supreme Court · 1817
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3Cited by2 opinions
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Atwood v. WalkerMassachusetts Supreme Judicial Court · 1901