Powers v. Lynch
Massachusetts Supreme Judicial Court
The declaration states that one Samuel Mackay, at Demarara, on the 6th day of February, A. D. 1802, drew a certain order or bill of exchange on one John Clapham, of Boston, for 555 dollars and 90 cents, payable to the plaintiff’s order at 90 days’ sight, and there afterwards, on the same day, the defendant, by his endorsement on said order or bill of exchange, guarantied the payment thereof, and promised that if the drawee did not punctually pay the contents of the bill to…
Read the full summary
The declaration states that one Samuel Mackay, at Demarara, on the 6th day of February, A. D. 1802, drew a certain order or bill of exchange on one John Clapham, of Boston, for 555 dollars and 90 cents, payable to the plaintiff’s order at 90 days’ sight, and there afterwards, on the same day, the defendant, by his endorsement on said order or bill of exchange, guarantied the payment thereof, and promised that if the drawee did not punctually pay the contents of the bill to the order of the plaintiff, he, the defendant, would pay the same according to the tenor thereof. The declaration then…
1Opinion of the Court
And now, at this term, the opinion of the Court (7) was delivered by
Sedgwick, J.
(After a particular statement of the facts.) It is a principle too well known and established, and founded upon reasons too obvious to require proof or illustration, that contracts are to be construed by the laws of the country where made, and that the respective rights and duties of the parties are to be defined and enforced accordingly; provided it does not appear from the nature of the contract, or from other facts, that, in the contemplation of the parties, the performance of the contract has relation to the…
2Cases cited3 opinions
- Slacum v. PomerySupreme Court of the United States · 1810
- Prentiss v. SavageMassachusetts Supreme Judicial Court · 1816
- Hicks v. BrownNew York Supreme Court · 1815
3Cited by12 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Amsinck v. . RogersNew York Court of Appeals · 1907
- Baxter National Bank v. TalbotMassachusetts Supreme Judicial Court · 1891
- Smith v. MeadSupreme Court of Connecticut · 1820
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
7 more not listed; retrieve them via the Exa API.