Murphy v. Collins
| Decision Date | 12 September 1876 |
| Citation | 121 Mass. 6 |
| Parties | Joseph P. Murphy v. Elisha M. Collins |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Berkshire. Contract upon the following promissory note, signed by the defendant: Trial in the Superior Court, before Aldrich, J., without a jury, who allowed a bill of exceptions in substance as follows:
The note was made and delivered on Sunday, in the State of New York, at the house of one Wheeler, no other person except Wheeler and the defendant being present at the time. The defendant asked the judge to rule that the note was void in law, and that the plaintiff was not entitled to recover thereon, because the note was made and delivered on Sunday. But the judge declined so to rule, and gave judgment for the plaintiff; and the defendant alleged exceptions.
Exceptions overruled.
A. J. Dunham, for the defendant.
W. C. Spaulding, for the plaintiff.
The bill of exceptions does not show any error of law in the ruling of the court below. The note having been made and delivered in the State of New York, and not appearing to be payable elsewhere, its validity depended on the law of that state. Stevenson v. Payne, 109 Mass. 378. What that law was, was a question of fact, upon which no evidence appears to have been given at the trial, or can be introduced for the first time at the argument of the exceptions in this court. Knapp v. Abell, 10 Allen 485. The contract was not void by the common law; and there is no presumption that the law of another state corresponds with a statute of this Commonwealth. Abell v. Douglass, 4 Denio 305. Whitford v. Panama Railroad, 23 N.Y. 465. Ellis v. Maxson, 19 Mich. 186. Morrissey v. Wiggins Ferry Co. 47 Misso. 521. Dunn v. Adams, 1 Ala. 527.
Exceptions overruled.
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... ... the wife. Bac.Abr. bk. 10, tit. "Uses and Trusts," ... H 1; Stearns v. Palmer, 10 Metc. 32. See Murphy ... v. Collins, 121 Mass. 6. See Wilson v. Cheshire, 1 ... McCord, Eq. 238; Mott v. Buxton, 7 Ves. 201; ... Nevil v. Saunders, 1 Vern. 415 ... ...
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... ... An ... unrecorded deed or mortgage prevails over a subsequent ... attachment. Kohn v. Lapham, 82 N.W. 408; Murphy ... v. Plankinton Bank, 83 N.W. 575; Bateman v ... Backus, 4 Dak. 433, 34 N.W. 66; Roblin v ... Palmer, 67 N.W. 949; Norton v. Williams, 9 Ia ... another state, as there is no presumption that the statutes ... of one state are the same as those of another. Murphy v ... Collins, 121 Mass. 6; Downs v. Minchow, 30 Ala ... 86; Gordon v. Ward, 16 Mich. 360; Rohan Bros ... Boiler Mfg. Co. v. Richmond, 14 Mo.App. 595; Rundy v ... ...
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...143, 146, 137 N. E. 531. There is no presumption that the law of another state corresponds with a statute of this commonwealth. Murphy v. Collins, 121 Mass. 6. [6] The common law of this commonwealth is, as was said by Chief Justice Gray in Sherwin v. Mudge, 127 Mass. 547, 549: ‘By a contra......
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