Goddin v. Shipley
Court of Appeals of Kentucky
Appeal prom the Madison Circuit. Assumpsit. Case 140. Case stated, ^A^ontra&treterms to a partiperformance, is 10 construed, and its legal character deter-™atheb5placeaof performance, Though a bill be drawn in Kentucky, or a note given in Ky., yet il'itbe dated as at St. Louis, and payable in St. Louis, the law of Missouri, the place of payment determines its legal character.
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Appeal prom the Madison Circuit. Assumpsit. Case 140. Case stated, ^A^ontra&treterms to a partiperformance, is 10 construed, and its legal character deter-™atheb5placeaof performance, Though a bill be drawn in Kentucky, or a note given in Ky., yet il'itbe dated as at St. Louis, and payable in St. Louis, the law of Missouri, the place of payment determines its legal character. When the local law of a State does not fix the days of grace which shall be allowed upon negotiable notes, the law merchant fixes it, which is by custom, varying in different places, and the custom shouldbeproved.
1Opinion of the CourtChief Justice Marshall
This was an action of assumpsit by Shipley, as assignee of Walker & Kennett, against H. Goddin, the payee and first assignor or endorser of a promissory note, signed by A. C. Goddin, payable to H. Goddin, and endorsed by him and by Walker & Kennett. The note is dated “St. Louis, July 16th, 1841,” and promises fifteen months after date, to pay to the order of Hugh Goddin, $1,886 95, without defalcation or discount, for value *576received, negotiable and payable at the office of the St. Louis Perpetual Insurance Company.
By the 6th and 7th sections of an act of the Legislature of Missouri, approved…
2Cited by8 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Baumer v. Franklin County Distilling Co.Court of Appeals for the Sixth Circuit · 1943
- Howard v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
- Redwine's v. RedwineCourt of Appeals of Kentucky · 1914
- Tranter v. HibbardCourt of Appeals of Kentucky · 1900
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