Bank of Orange County v. Colby
Superior Court of New Hampshire
Assdmpsit. The writ contained two counts, one for money had and received, the other upon a note, dated Boston, July 18, 1837, signed by one Amos Davis, for two thousand dollars, payable to the defendant, or order, in twelve months after date, with interest, and by the defendant indorsed to the plaintiffs. Plea, the general issue.
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Assdmpsit. The writ contained two counts, one for money had and received, the other upon a note, dated Boston, July 18, 1837, signed by one Amos Davis, for two thousand dollars, payable to the defendant, or order, in twelve months after date, with interest, and by the defendant indorsed to the plaintiffs. Plea, the general issue. The plaintiffs introduced the deposition of a witness, who testified that, a short time before the demand, he received the note from Calvin J. Keith, of Montpelier, in the state of Vermont; and he further testified that “ said note was signed by Amos Davis, of…
1Opinion of the CourtParker, C. J.
The residence of the parties to this note, at the time it was executed, does not appear from the case,' nor does it seem to be material. Story's Confl. of Laws 265. The note was executed within the state of Massachusetts. No place is designated where it is to be paid, and it is therefore payable generally. There is nothing in the case, then, to take it out of the general rule, that the lex loci con-tractus must determine the construction to be given to it, and the obligation and duty it imposes. 6 N. H. Rep. 150, Douglass vs. Oldham, and cases cited; Dow vs. Rowell, Ante 49. “ To bring a…
2Cases cited1 opinion
- Douglas v. OldhamSuperior Court of New Hampshire · 1833
3Cited by1 opinion
- Stevens v. NorrisSuperior Court of New Hampshire · 1855