Clark v. Searight
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. No. 405 January Term 1890, Sup. Ct.; court below, No. 57 May Term 1889, C. P. To the number and term of the court below, Prank Clark brought foreign attachment in assumpsit against G. A. Searight, and on January 31, 1890, there was filed an agreement stating the following case for the opinion of the court, in the nature of a special verdict: The defendant on December 3, 1885, made and delivered to…
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APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. No. 405 January Term 1890, Sup. Ct.; court below, No. 57 May Term 1889, C. P. To the number and term of the court below, Prank Clark brought foreign attachment in assumpsit against G. A. Searight, and on January 31, 1890, there was filed an agreement stating the following case for the opinion of the court, in the nature of a special verdict: The defendant on December 3, 1885, made and delivered to plaintiff, at Indianola in the state of Iowa, for a valuable consideration, a promissory note of which the following is a…
1Per curiam
It appears by the case stated that the promissory note in controversy was made and delivered in the state of Iowa. It was therefore an Iowa contract. It is true it was not made payable at any particular place; but, in the absence of any such stipulation, it was payable at the place where made. This is a well-settled rule of commercial law. It also appears by the case stated that the rate of interest, 10 per cent, called for by the note, is lawful by the laws of that state. Under these circumstances it is plain that the lex loci contractus must govern, and the rate of interest is to be…
2Cases cited2 opinions
- Wood, Bacon & Co. v. KelsoSupreme Court of Pennsylvania · 1857
- Mullen v. MorrisSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
- Thorp v. American Aviation and General Insurance CompanyCourt of Appeals for the Third Circuit · 1954
- East Coast Management, Inc. v. McLaughlinDistrict Court, E.D. Pennsylvania · 1982
- Ratterree v. SchonhardtSuperior Court of Pennsylvania · 1932
- Hardt v. Heller Bros.Court of Appeals for the Third Circuit · 1948
- Campbell v. HuntSuperior Court of Pennsylvania · 1915
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