Lindsay v. Hill
Supreme Judicial Court of Maine
On report. Writ of entry on mortgages of land lying in Calais, Maine. Writ, dated December 4, 1874. Plea, general issue with brief statement that tbe amount secured by the mortgages has been paid, and nothing is due on the same.
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On report. Writ of entry on mortgages of land lying in Calais, Maine. Writ, dated December 4, 1874. Plea, general issue with brief statement that tbe amount secured by the mortgages has been paid, and nothing is due on the same. And further, “that the contract, to secure which the mortgage of the land described in the plaintiff’s writ was given, was made at St. Stephen, New Brunswick, and by its terms there to be performed ; that upon said contracts more than six per cent, interest has been received by the plaintiff from the parties thereto, and their assignees, and that by the law of said…
1Opinion of the CourtDickerson, J.
It is a rule of law, too well established to admit of controversy, that the nature, validity and construction of contracts are to be determined by the law of the place where the contract is made, and that all remedies for enforcing such contracts are regulated by the law of the place whore such remedies are pursued. In the one case, the lex loci contractus, and in the other, the lex fori, governs. Foreign statutes of limitation come within the latter clause of this rule; because they affect only the time within which a legal remedy must be pursued, and not the gist of the contract itself. In…
2Cases cited6 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Nichols v. FearsonSupreme Court of the United States · 1833
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Commonwealth v. McClanahanCourt of Appeals of Kentucky · 1859
- Gardner v. FlaggMassachusetts Supreme Judicial Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dale v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1897
- New England Mortgage Security Co. v. McLaughlinSupreme Court of Georgia · 1891
- Katz v. Gordon Johnson CompanyDistrict Court, D. Maine · 1958
- Messersmith v. ReillyNorth Dakota Supreme Court · 1941
- Schultz v. Provident Loan Ass'n, Inc.Court of Appeals of Kentucky (pre-1976) · 1941