The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 59
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GEORGE V. OSCAR SMITH & SONS CO.
Wayne County Savings Bank v. Low, 81 N. Y. 570, 37 Am. Rep.
533: Note was dated and made payable in New York, but was made
for the purpose of being used in renewal of another note for the same
amount then held by plaintiff, a bank in Pennsylvania. It was actually
written in Pennsylvania, in the form in use in that state, by the cashier
of plaintiff, at the defendant's request, and forwarded to the defendant
for signature, and signed by him in New York and mailed to plaintiff
in Pennsylvania, together with a check for the discount. The note and
interest were received by plaintiff in Pennsylvania, and all was done in
performance of a previous agreement entered into in Pennsylvania.
Says the court:
"It cannot be contended that a party who goes into another state, and
there makes an agreement with a citizen of that state for the loan * * *
of money, lawful by the laws of that state, can render his obligation void by
making it payable in another state according to whose laws the contract
would be usurious. Neither can it be claimed that because the obligation,
instead of being signed in the state where the conLract was made, is signed
in another state and sent by mail to the place of contract, it must be governed
by the usury laws of the place where it was signed."
Martin v. Johnson, 84 Ga. 487, 10 S. E. 1092, 8 L. R. A. 170: The
note was given for a larger amount than actually received; was pay-
able in Boston, from which place the money was sent. The court says:
"The parol agreement out of which the notes sued on sprang was made in
this state [Georgia]. Part of that agreement was performed in this state.
The usury set forth in defendant's pleas was paid in this state; and all that
was left to be performed of that agreement was the payment of the notes
sued on in this state. The maker of these notes resides m this state, and the
land which was conveyed as security is located in this state. Whether a con-
tract is made with reference to the place, or state, or country in which it is
to be performed is a question of no easy solution. However this may be,
there is enough in this case to show that, in all likelihood, the parties to the
contract sued on contemplated the law of the domicile of the maker as the
law which should govern this contract in all respects."
In Kilcrease v. Johnson, 85 Ga. 600, 11 S. E. 870, upon similar facts
a like ruling was made.
United States Saving & Loan Ass'n v. Scott, 98 Ky. 695, 34 S. W.
235: The note was dated at St. Paul, Minn., was payable at Minne-
apolis, and contained a provision to the effect that it was understood
to be made with reference to and under the laws of the state of Min-
nesota. It was given, however, to a building and loan association do-
ing business in Kentucky under a permit, and represented by agencies
to solicit and transact business, and the maker of the note became a
member of the association there. The note was secured by a mortgage
on real estate in Kentucky. It was held to be a Kentucky contract and
void as usurious.
Southern Building & Loan Ass'n v. Harris, 98 Ky. 41, 32 S. W. 262:
The loan was made at Knoxville, Tenn., to a resident of Kentucky, and
the notes were made payable at Knoxville. The court says:
"The subscription for stock * * * was made in Kentucky; the appli-
cation for the loan written and signed here; the note dated, written, and
signed here, and the mortgage made to secure the payments for this stock;
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/74/: accessed July 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.