Jewell v. . Wright
New York Court of Appeals
This action was brought to recover the amount of a promissory note made by the defendant Wright to the order of the defendant Dunlap, who endorsed it for the benefit and accommodation of the defendant Taylor; and it was without consideration. It was made and endorsed by Dunlap, and delivered to Taylor at Lockport, 11. Y., May 30, 1857, for $400, payable at Niagara County Bank, at Lockport, one year from date.
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This action was brought to recover the amount of a promissory note made by the defendant Wright to the order of the defendant Dunlap, who endorsed it for the benefit and accommodation of the defendant Taylor; and it was without consideration. It was made and endorsed by Dunlap, and delivered to Taylor at Lockport, 11. Y., May 30, 1857, for $400, payable at Niagara County Bank, at Lockport, one year from date. Taylor took it to Connecticut, and there induced the plaintiff to guaranty it for his benefit, and then'endorsed it himself, and procured it to be discounted by Albert Day, at the rate…
1Opinion of the CourtIngraham, J.
It was not denied on the trial of this cause that the note on which the suit was brought was negotiated at a rate of interest illegal, both in Connecticut and New York.
The main question in the case is, whether the laws of New York or Connecticut are to control as to the defense of usury. The note was negotiated in Hartford, but was payable at Lockport, in New York.
Nor can it be denied that a contract is to be governed by the laws of the place where it is made, if it is not to be performed according to the terms of the contract elsewhere. (Story on Conflict of Laws, § 282: 6 Paige, 280; 2…
2Cases cited1 opinion
- Pomeroy v. AinsworthNew York Supreme Court · 1856
3Cited by28 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Wylie v. CotterMassachusetts Supreme Judicial Court · 1898
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