Hall v. Costello
Supreme Court of New Hampshire
Writ dated November, 1864. Assumpsit for $90, money had and received, &c. Under plaintiff’s specification, he claimed that in the fall of the year A. D. 1864, and prior to the date of his writ, he loaned to the defendant, at Whitefield, the sum of $40 00 And afterwards, during the same fall, at Montreal, 30 00 *--$70 00 The trial of the case came on at this term before the jury, and, by consent of the parties, it was withdrawn from the jury for the purpose of obtaining the…
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Writ dated November, 1864. Assumpsit for $90, money had and received, &c. Under plaintiff’s specification, he claimed that in the fall of the year A. D. 1864, and prior to the date of his writ, he loaned to the defendant, at Whitefield, the sum of $40 00 And afterwards, during the same fall, at Montreal, 30 00 *--$70 00 The trial of the case came on at this term before the jury, and, by consent of the parties, it was withdrawn from the jury for the purpose of obtaining the opinion of the whole court as to the law applicable to the following statement of facts : The parties were both residents…
1Opinion of the CourtNesmith, J.
The facts found in this case clearly evince that a contract was made by the parties in this State, to be performed in Canada. The general rule is that the contract, in respect to its construction and force, is to be governed by the law of the country or State in which it is to be executed. Lord Mansfield, in Robinson v. Bland, 2 Burrows 1077; Story’s Conflict of Laws, 233, 234; 2 Kent’s Com. 459; Blanchard v. Russell, 13 Mass. 4; 2 Met. 398; Mather v. Bush. 16 Johns. 233. It is also a general rule, applicable to contracts, that no people are bound to enforce or hold valid in their courts of…
2Cases cited7 opinions
- Lincoln v. BattelleNew York Supreme Court · 1831
- De Groot v. Van DuzerNew York Supreme Court · 1838
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Dollfus v. FroschCourt for the Trial of Impeachments and Correction of Errors · 1845
- McFall v. CommonwealthCourt of Appeals of Kentucky · 1859
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3Cited by1 opinion
- Molloy v. Bemis Bro. Bag Co.District Court, D. New Hampshire · 1959