Bliss v. Houghton
Superior Court of New Hampshire
Assumpsit. Under a count for money had and received, the plaintiff proved a promissory note made by the defendant on the 19th day of January 1833, for $100, payable to one Peter Parker or order in two years with interest annually, and by him indorsed to the plaintiff.
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Assumpsit. Under a count for money had and received, the plaintiff proved a promissory note made by the defendant on the 19th day of January 1833, for $100, payable to one Peter Parker or order in two years with interest annually, and by him indorsed to the plaintiff. Upon trial of the general issue, with a brief statement, it appeared that on the 19th day of January 1835, the defendant was the holder of a promissory note made by Parker on the 21st day of April 1832, for $60, payable to one Newhall or bearer in two years with interest, and on that day, tendered that note together with $36.11…
1Opinion of the CourtWoods, J.
It is a well established principle of jurisprudence, that the effect and validity of contracts are to be determined by the laws of the place in which they are intended to be performed. The place of performance may be indicated by the terms of the contract itself, or it may be legally inferred from circumstances. If the parties to a contract have a common domicil, the legal presumption in the absence of evidence is, that they intend to perform it there, therefore its validity and meaning will be according to the laws of that domicil. Every forum in the civilized world is presumed to proceed…
2Cases cited2 opinions
- Harrison v. EdwardsSupreme Court of Vermont · 1840
- Wheeler v. WalkerSupreme Court of Vermont · 1840
3Cited by1 opinion
- Molloy v. Bemis Bro. Bag Co.District Court, D. New Hampshire · 1959