University of Chicago v. Dater

{dissenting). I concur in the result reached by Justice Sharpe. The place of contracting 'controls the question of the capacity of the parties to contract. Palmer National Bank v. Van Doren, 260 Mich. 310; American Law Jnstitute Restatement of the Conflict of Laws, § 333. [JThe notes were dated and payable at Chicago and secured by Chicago real estate. The loan was made in Chicago 25 days after the notes had been signed and not until an actual cloud on the title to the realty had been removed. These circumstances leave no doubt that the notes in question constituted Illinois contracts. See…