Freeman's Bank v. Ruckman
Supreme Court of Virginia
This was an action of debt in the Circuit court of Pocahontas county, brought by The President, Directors and Company of the Freeman’s Bank, an institution incorporated by the laws of Massachusetts, endorsers of Emery, Haughton & Co., against John H. Ruckman, to recover the sum of $2500. The first count in the declaration sets out that the defendant, on the 13th of January, 1857, at Boston, by his certain promissory note negotiable by the laws of Massachusetts where the…
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This was an action of debt in the Circuit court of Pocahontas county, brought by The President, Directors and Company of the Freeman’s Bank, an institution incorporated by the laws of Massachusetts, endorsers of Emery, Haughton & Co., against John H. Ruckman, to recover the sum of $2500. The first count in the declaration sets out that the defendant, on the 13th of January, 1857, at Boston, by his certain promissory note negotiable by the laws of Massachusetts where the contract was made, promised to pay, five months after the date thereof, to Emery, Haughton & Co., or order, at either of the…
1Opinion of the CourtMoncure, J.
It is a general rule that every contract as to its validity, nature, interpretation and effect, or, as they may be called, the right, in contradistinction to the remedy, is governed by the law of the place where it is made, unless it is to be performed in another place; and then it is governed by the law of the place where it is to be performed. Story’s Confl. of Laws U 242, 260, 263 & 280. The form of the remedy is governed by the law of the place where the suit is instituted. Id. (j 556.
It is often difficult to determine, whether a matter relates to the right or to the remedy, and whether…
2Cited by12 opinions
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Hefflebower v. DetrickWest Virginia Supreme Court · 1885
- Welsh v. EbersoleSupreme Court of Virginia · 1881
- Corbin v. Planters National BankSupreme Court of Virginia · 1891
- Ragsdale v. HagySupreme Court of Virginia · 1852
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