Household Finance Corp. v. Smith

Hill, J. —

July 17, 1963, the defendants, Timothy M. Smith and Mary M. Smith, his wife, while residents of South Dakota, for value received, executed and delivered to the plaintiff, Household Finance Corporation of Sioux Falls, a corporation, their promissory note whereby they made a promise to pay “jointly and severally” the sum of $816. It was agreed, as part of the note, that:

The construction, validity and effect hereof shall be governed by the laws of South Dakota.

Thereafter, the defendants became residents of Washington, and on June 10, 1965, the plaintiff obtained a default judgment in…