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2 N.H. 296

Gibbs v. Howard

Superior Court of New Hampshire

Decided October 15, 1820

Superior Court of New Hampshire · decided 1820-10-15

In an action of assumpsit upon a note of hand, what is proper matter of set-off prast be determined by the laws of the state where the action is brought, and not by the laws af the stats where the note was made.

Cited by 2 later decisions — most recently May 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1820-10-15

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By the court.

¶1It is very clear that the notes, which the defendant holds against Burgess, are not a legal set-off in this action by the laws of this state ; and it is equally clear, that we can take no notice of the statute of Vermont. The lex loci must settle the nature, validity and interpretation of contracts, but it extends no farther. The laws of the state in which contracts are attempted to be enforced, must settle what is the proper course of judicial proceedings to enforce them.(l) The statute of Vermont relates merely to the remedy, by which a contract may be enforced. There J J must, therefore, according to the agreement of the parties, be

¶2Judgment for the plaintiff

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