Legal Opinion

Taylor v. . Sharp

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 10 opinions

This is a civil ACTION, which was tried at January Term, 1889, of Rockingham Superior Court, Bynum, J, presiding. The summons had been personally served on both defendants.

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This is a civil ACTION, which was tried at January Term, 1889, of Rockingham Superior Court, Bynum, J, presiding. The summons had been personally served on both defendants. The plaintiff alleged— “ 1. That the defendant Thomas R. Sharp on the 9th day of January, 1886, at No. 1 Bivay, in .the State of New York, executed his promissory note to the defendant Gertrude E. Sharp, whereby he promised to pay her the sum of five thousand six hundred and fifty-seven dollars and thirteen cents ($5,657.13) two months after date, at the National Union Bank, Baltimore, Maryland, which said note was…

1Opinion of the Court

Shepherd, J.:

The single question presented in this appeal is whether the judgment rendered by his Honor was authorized by the facts appearing in the record.

It is a general principle that all matters bearing upon the execution, the interpretation and the validity of a contract are to be determined by the law of the place where the contract is made, and if valid there, it is valid everywhere. Watson v. Orr, 3 Dev., 163; Davis v. Coleman, 7 Iredell, 424; Anderson v. Doak, 10 Iredell, 295; Scudder v. Bank, 91 U. S. Rep., 406. An exception, however, is maintained by some of the continental jurists…

2Cases cited2 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870

3Cited by10 opinions

  1. Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
  2. Garrigue v. KellarIndiana Supreme Court · 1905
  3. Wick v. DawsonWest Virginia Supreme Court · 1896
  4. Wood v. . WheelerSupreme Court of North Carolina · 1892
  5. E. B. Hauck Clothing Co. v. SharpeMissouri Court of Appeals · 1900

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