Philadelphia County Court of Common Pleas, 1838

Brewster v. Lyndes

Brewster v. Lyndes
Philadelphia County Court of Common Pleas · Decided March 14, 1838 · Tee
2 Miles 185

Counsel

Graham, for plaintiff., Perkins, for defendant.

Brewster v. Lyndes

Opinion of the Court

Tee Curiam.—

The lex loci contractus is to govern, unless the parties, by the terms of the contract, had in view a different place. Thompson v. Ketcham, 8 Johns. Rep. 189; Van Schaick v. Edwards, 2 Johns. Ca. 353; Ludlow v. Bingham, 4 Dall. 47, 61; Conframp v. Bunel, id. 418.

And by the laws of New York, which is the place of contract in this instance, a note or bill is absolutely void, where the consideration either as between the original or the subsequent parties, is usurious, and no shift or device is admitted to evade the statute of usury. Jones v. Hake, 2 Johns. Ca. 60; Wilkie v. Roosevelt, 3 Johns. Ca. 66; Id. v. eund, 3 Johns. Ca. 200; Rose v. Dickson, 7 Johns. Rep. 196; Smith v. Brush, 8 Johns. Rep. 84.

Rule discharged.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.