Hunt's v. Hall
Supreme Court of Alabama
Appeal from the- Circuit Court of Mobile. Tried before .the. Hon. C. W.’< Rapier*. . Tins action .was brought by the executrix of Thomas F. Hunt, deceased, against John Hall, Joseph Hall,-and Gerald-B. Hall | .was founded on the defendants’ promissory note, fo.r $2,000, dated Mobile, March 11th, 1S50, payable to John Hunt, or order, in' the city of-.New Orleans, with , interest from date, and assigned by the personal representative of said John Hu,nt to the plaintiff’s…
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Appeal from the- Circuit Court of Mobile. Tried before .the. Hon. C. W.’< Rapier*. . Tins action .was brought by the executrix of Thomas F. Hunt, deceased, against John Hall, Joseph Hall,-and Gerald-B. Hall | .was founded on the defendants’ promissory note, fo.r $2,000, dated Mobile, March 11th, 1S50, payable to John Hunt, or order, in' the city of-.New Orleans, with , interest from date, and assigned by the personal representative of said John Hu,nt to the plaintiff’s testator ; and was commenced on the 23d March, 1859. The defendants pleaded the general issue, and payment. On the trial, a…
1Opinion of the CourtR. W. Walker, J.
The note was made payable in Louisiana, and, being silent in respect to the rate of interest, must bear interest according to the law of that State. Dickinson v. Branch Bank, 12 Ala. 54 ; Story on Conflict of Laws, § 291; Scofield v. Day, 20 Johns. 102; Peck v. Mayo, 14 Vermont, 33. It was an admitted fact in'the -cáse,'that the legal rate of interest in Louisiana is five pet cent. Tt is clear, therefore, that if we look alone t'o'th'e -note itself, in connection Vith 'the admitted law of Louisiana, which is silently incorporated into it as one of its *705'■terms, the defendant was only bound to…
2Cases cited5 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Scofield v. DayNew York Supreme Court · 1822
- Smith's v. GarthSupreme Court of Alabama · 1858
- Dickinson v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Taylor v. PopeSupreme Court of Alabama · 1841
3Cited by6 opinions
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Pioneer Savings & Loan Co. v. NonnemacherSupreme Court of Alabama · 1900
- McGarry v. NicklinSupreme Court of Alabama · 1895
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