Shoe & Leather National Bank v. Wood
Massachusetts Supreme Judicial Court
Contract, against George F. Wood and William C. Caye, upon three promissory notes, each dated at Louisville, Kentucky, in May, 1883, payable six months after date to the order of Macomber and Greenwood, at the Kentucky National Bank, signed by the defendants in the firm name of George F. Wood and Company, and indorsed by the payees. The answer set up failure of consideration, and that the" notes were governed by the law of Kentucky.
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Contract, against George F. Wood and William C. Caye, upon three promissory notes, each dated at Louisville, Kentucky, in May, 1883, payable six months after date to the order of Macomber and Greenwood, at the Kentucky National Bank, signed by the defendants in the firm name of George F. Wood and Company, and indorsed by the payees. The answer set up failure of consideration, and that the" notes were governed by the law of Kentucky. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The plaintiff is a national bank, organized under the…
1Opinion of the CourtGardner, J.
1. The plaintiff contends that the notes in suit were made in Massachusetts, and that the laws of this State are to govern the contracts. The defendants, the makers of the notes, resided in Kentucky. They made and signed the notes at Louisville in that State, and then sent them by mail to the payees in Massachusetts. By their terms, they were payable at the Kentucky National Bank, a bank organized in Kentucky under the banking law of the United States.
Under our decisions, these various circumstances determine the place where the contract was executed, and where it was to be consummated. It…
2Cases cited8 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Prather v. WeissigerCourt of Appeals of Kentucky · 1873
- Hyatt v. Bank of KentuckyCourt of Appeals of Kentucky · 1871
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3Cited by22 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Mayer v. RocheSupreme Court of New Jersey · 1909
- Poole v. PerkinsSupreme Court of Virginia · 1919
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
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