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Jaqui v. Benjamin

PHILIP JAQUI v. FRANK BENJAMIN

Jaqui v. Benjamin, 77 A. 468 (N.J. 1910)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
September 1, 1910
Judges
Gummere
Citations
77 A. 46880 N.J.L. 1051 Vroom 101910 N.J. Sup. Ct. LEXIS 65
Headnotes
1. The law regulating remedies for the enforcement of contracts is that of the state where the remedies are pursued, not that of the state where the contract is made and is to be performed. 2. The statute of limitations affects the remedy merely, and hence, in an action on a promissory note executed and payable in a sister state, the limitation of the law of the forum controls.
Summary
On demurrer to replication.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gummere

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Gummere, Chief Justice.

This is an action on a promissory note. The defendant pleaded—first, the general issue, and second, that the plaintiff’s action was barred, because not brought within the period required by the statute of limitations of this state. To the second plea the plaintiff replied that the note in suit was made and delivered in the Staté of Connecticut, and was payable in that jurisdiction; that the time fixed by the statute of limitations of that state within which suit upon a note made and delivered in that state, and payable in that state, was required to be instituted, had not expired when the present action was begun; and averred that the statute of Connecticut, and not that oi this state, fixed the period within which the action might be brought. To this replication the defendant demurred.

The ground of demurrer is that the statute of limitations of this state, and not that of Connecticut, controls. The *11 contention of the defendant is well founded. The almost universal rule with relation to the remedies for enforcing contracts is that they are regulated by the law of the state where such remedies are pursued, and not by the law of the state where the contract was made and to be performed. It is equally well settled that a statute of limitations merely affects the remedy, and that, in suits brought upon contracts such as that involved in the present case, the period of limitation prescribed by the law of the forum controls. A citation of authorities upon this subject is unnecessary, for, as was said by this court in Summerside Bank v. Ramsey, 26 Vroom 383 , it is entirety at rest in this state.

The defendant is entitled to judgment upon the demurrer.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1936: 11949: 21957: 31962: 119362026peak 1957 · 3

Relies on it most ⓘ

  1. United States v. Jacobs155 F. Supp. 182 (D.N.J. 1957)
  2. Gordon v. Loew's Inc.247 F.2d 451 (3d Cir. 1957)
  3. Frank I. Gordon and Marion v. Gordon v. Loew's Incorporated, a Delaware Corporation, Paramount Film Distributing Corporation, a Delaware Corporation, Rko Radio Pictures, Inc., a Delaware Corporation, Twentieth Century-Fox Film Corporation, a Delaware Corporation, Warner Bros. Pictures Distributing Corporation, a New York Corporation, Columbia Pictures Corporation, a New York Corporation, Universal Film Exchanges, Inc., a Delaware Corporation, and United Artists Corporation, a Delaware Corporation247 F.2d 451 (3d Cir. 1957)
  4. Donnelly v. United Fruit Co.183 A.2d 415 (N.J. Super. Ct. App. Div. 1962)
  5. McClellan v. F. A. North Co.187 A. 337 (N.J. 1936)
  6. Sonotone Corp. v. Hayes67 A.2d 184 (N.J. Super. Ct. App. Div. 1949)

Most recent

  1. Donnelly v. United Fruit Co.183 A.2d 415 (N.J. Super. Ct. App. Div. 1962)
  2. Frank I. Gordon and Marion v. Gordon v. Loew's Incorporated, a Delaware Corporation, Paramount Film Distributing Corporation, a Delaware Corporation, Rko Radio Pictures, Inc., a Delaware Corporation, Twentieth Century-Fox Film Corporation, a Delaware Corporation, Warner Bros. Pictures Distributing Corporation, a New York Corporation, Columbia Pictures Corporation, a New York Corporation, Universal Film Exchanges, Inc., a Delaware Corporation, and United Artists Corporation, a Delaware Corporation247 F.2d 451 (3d Cir. 1957)
  3. Gordon v. Loew's Inc.247 F.2d 451 (3d Cir. 1957)
  4. United States v. Jacobs155 F. Supp. 182 (D.N.J. 1957)
  5. Sonotone Corp. v. Hayes67 A.2d 184 (N.J. Super. Ct. App. Div. 1949)
  6. Leek v. Wieand63 A.2d 828 (N.J. Super. Ct. App. Div. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Summerside Bank v. Ramsey, 26 A. 837 (N.J. 1893) 7

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