Mason v. Dousay

Citations

• 35 Ill. 424

Syllabus

<p>1. Bills of exchange — what is a foreign hill. A bill of exchange drawn in one of the United States, upon a person living in any other of them, partakes of the character of a foreign bill, and ought so to be treated.</p> <p>2. And this would be the character of the bill, notwithstanding it was drawn in favor of a payee who resided in the State where the bill was made, and the drawee had a mill and store and office in that State, where he spent a portion of his time. The bill being drawn in that State upon a person in another State, and payable there, where the drawee resided and had his place of business, it is to be regarded as a foreign bill.</p> <p>3. Foreign and inland bills — hy what laws, governed. In case of an inland bill, where all the facts connected with it are to transpire in the same State, the law of that State should be applied to ascertain the rights of the parties.</p> <p>4. But where a contract is to be performed in another place, as in the case of a foreign bill, drawn in one State and made payable in another and accepted, the law of the place of performance must govern.</p> <p>5. Of contracts generally, which are made in one place amd to he performed in another. The general principle, in relation to contracts made in one place, to be executed in another, is, that they are governed by the law of the place of performance.</p> <p>6. Presumption—that persons know the law. It is a presumption of law that both parties to such a contract know the law of the place in which the paper is payable, and that they intend this law shall govern the contract.</p> <p>I. So a bill of exchange drawn in Michigan upon a party in Illinois, will be governed by the law of Illinois in regard to the character of acceptance which will be sufficient, and not by the law of Michigan.</p> <p>8. Bills of exchange—when and where they should he presented. The holder of such paper is required to present it in a reasonable time to the party on whom it is drawn, at his place of bu