Nash v. Tupper
New York Supreme Court
This was an action on two promissory notes, made in the state of Connecticut, and dated 28th November. 1791. The plaintiff declared in the common manner, adding a count for money had and received. The defendant pleaded non assumpsit and actio non acerevit infra sex annos.
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This was an action on two promissory notes, made in the state of Connecticut, and dated 28th November. 1791. The plaintiff declared in the common manner, adding a count for money had and received. The defendant pleaded non assumpsit and actio non acerevit infra sex annos. The plaintiff replied specially, as follows: “ And the said William, by his attorneys aforesaid, says, that he, by anything by the said Samuel above secondly in pleading alleged, ought not to be barred from having and maintaining his action thereof, against the said Samuel; because *he says, that the two several promissory…
1Opinion of the Court
Lewis, Ch. J.,
delivered the opinion of the court. This *517is an action of assumpsit on two promissory notes made by the defendant to the plaintiff.
The question arising on the pleadings is, shall the lex loci contractus govern, or shall it not ?
It is a well settled rule, that contracts, with a few exceptions, are to be construed according to the laws of that country, in reference to which they are made. But it is equally well settled, that the remedy on them must be prosecuted according to the laws of that country in which the remedy is sought. In the case of Duplein v De Eoven, the. cause of…
2Cases cited3 opinions
- Lincoln v. BattelleNew York Supreme Court · 1831
- Benjamin v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1845
- Randall v. WilkinsNew York Supreme Court · 1847
3Cited by8 opinions
- Townsend v. JemisonSupreme Court of the United States · 1850
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Medbury v. HopkinsSupreme Court of Connecticut · 1820
- Brand v. BrandCourt of Appeals of Kentucky · 1903
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
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