Medbury v. Hopkins
Supreme Court of Connecticut
THIS was an action of assumpsit, founded on a promissory note, made and delivered, by the defendant, in the state of Nezu-York, where both the parties at that time resided. The plaintiff-, shortly afterwards, removed into this state ; and on the defendant’s coming into this state, in December, 1818, this action was commenced, and made returnable to the county court of Windham county.
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THIS was an action of assumpsit, founded on a promissory note, made and delivered, by the defendant, in the state of Nezu-York, where both the parties at that time resided. The plaintiff-, shortly afterwards, removed into this state ; and on the defendant’s coming into this state, in December, 1818, this action was commenced, and made returnable to the county court of Windham county. On the removal of the cause to the superidr court, the defendant pleaded, 1st, The statute of limitations of the state oí Nezu-York ; 2ndly, That subsequent to the execution of the note, viz. on the 14th of…
1Opinion of the Court
Hosmer, Ch. J.
This case presents two questions for the consideration of the court. The first is, whether the law of limitation in New -York, the place where the contract was made, and at which the parties to it resided, when it was entered into, is a bar to the suit now depending in a court of this state.
It is an established principle, that contracts are to be construed according to the law of the place, in reference to which they are made. It is equally well settled, that the lex loci is applicable only to the validity and interpretation of contracts, and not to the time, mode or extent of…
2Cases cited2 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Nash v. TupperNew York Supreme Court · 1803
3Cited by19 opinions
- Sun Oil Co. v. WortmanSupreme Court of the United States · 1988
- Jones v. JonesSupreme Court of Alabama · 1850
- Fisk's Appeal From Doings of CommissionersSupreme Court of Connecticut · 1908
- Hempstead v. ReedSupreme Court of Connecticut · 1827
- Hanrick v. AndrewsSupreme Court of Alabama · 1839
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