Legal Opinion

Bank of Louisiana v. Williams

Mississippi Supreme Court

Decided April 15, 1872PublishedCited by 18 opinions

Ebbob to the circuit court of Adams county. Smiley, J. The opinion of the court states the facts of the case, presenting th§ question discussed and decided. 1. If contracts relate to movables, they are governed by the lex loci contractus, ubi celébralas est or the lex loci con-tractus ubi destinati solutio est. If to immovables, they are governed by the lex loci rei sitae. 2 Pars, on Cont. 570; La. Code Prac. art. 13 ; Civ.

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Ebbob to the circuit court of Adams county. Smiley, J. The opinion of the court states the facts of the case, presenting th§ question discussed and decided. 1. If contracts relate to movables, they are governed by the lex loci contractus, ubi celébralas est or the lex loci con-tractus ubi destinati solutio est. If to immovables, they are governed by the lex loci rei sitae. 2 Pars, on Cont. 570; La. Code Prac. art. 13 ; Civ. Code La. art, 10 ;• 2 Kent’s Com. 450, 457; 17 La. 589; 1 ib. 533 ; 4 1ST. S. 1; 5 ib. 567; 11 Mart. 23 ; 40 Miss. 29 ; 34 ib. 56; ib. 181 and authorities cited; Story on…

1Opinion of the Court

Simball, J. :

The Bank of Louisiana, a corporation created by the state of Louisiana and domiciled there, sued David P. Williams and Elizabeth M., his wife, to recover the amount due on a promissory note, dated Concordia Parish, La., April 8, 1857, for $30,000, payable one year after date; the note was secured by mortgage on property situated in said Con-cordia Parish, La., executed by Williams and wife. Mrs. Williams pleaded her coverture, and that she was, at the date of the contract, resident in Adams county, Miss., and has since resided there.

The plaintiff relied upon the fact, that the…

2Cases cited5 opinions

  1. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. Garrett v. DabneyMississippi Supreme Court · 1854
  3. Dalton v. MurphyMississippi Supreme Court · 1855
  4. Bank of Louisiana v. FarrarSupreme Court of Louisiana · 1846
  5. Partee v. SillimanMississippi Supreme Court · 1870

3Cited by18 opinions

  1. International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
  2. Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
  3. Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
  4. Robinson v. QueenTennessee Supreme Court · 1889
  5. Cook v. State Farm Mutual InsuranceMississippi Supreme Court · 1961

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