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Thomas Townsend, Plaintiff in error, v. Robert Jenison, Jr. U.S. 407 (1850)

handle is hein.slavery/ussccases0275 and id is 1 raw text is: JANUARY TERM, 1850. 407 Townsend v. Jemison. THOX1AS TOWNSEND, PLAINTIFF IN ERROR, v. ROBERT JEDIISONX, JR. Where the cause of action accrued in the State of Mississippi, and suit was brought upon it in the State of Alabama, a plea of the statute of limitations of Mississippi was not a good plea; but the same was demur-rable, and the court sustained the demurrer. The rule is, that the statute of limitations of the country in which the suit is brought may be pleaded to bar a recovery upon a contract made out of its political juris- diction, and that the statute of kx loci coatractus cannot. The obligations of a contract upon the parties to it, except in well-known eases, are to he expounded by the lcx loc contracctis; but suits brought to enforce contracts, either in the State where they were made or in the courts of other States,-are subject to the remedies of the forum in which the suit is, including that of statutes of limitation. The eases of Leroy ?). Crowninshield, 2 Mason, 351, and Alc lmoyle v. Cohen, 13 Peters, 312, exanined and commented on. THis case was brought up, by writ of error, from the Dis- trict Court of the United States for the Middle District of Alabama. Townsend was a citizen of the State of Mississippi, and Jemison of Alabama. In September, 1844, Jemison brought a suit, in the District Court of the United States for the Middle District of Alabama, against Townsend, who was in Alabama. The nature of the suit is explained in the following short specification of claim, filed by the counsel for the plaintiff. This action is brought to recover damages for the non- performance of an agreement made by the defendant with the plaintiff, that if the plaintiff would procure, take up, and obtain a note made by Robert Weir, A. F. Young, and the said de- fendant, and Henry Buchanan, for $ 4,000, dated Columbus, April 12, 1839, payable nine months after the 24th of April, 1839, to the Mississippi Union Bank, at their banking-house in Jackson, bearing ten per cent. interest after maturity, if not punctually paid, but upon which note the said A. F. Young was to pay the said bank $ 1,000; and would also procure, take up, and obtain a note, made by the said defendant and A. F. Young, Andrew Weir, and Henry Buchanan, dated Colum- bus, April 12, 1839, for $ 4,000, payable nine monihs after the 24th of April, 1839, to the Mississippi Union Bank, at its banking-house in Jackson, to bear ten per cent. interest after maturity, if not punctually paid, but upon which note A. F. Young was to pay $ 1,000; that he, the defendant, would take up, procure, and obtain a note, made by John B. Jones, Thomas Townsend (the said defendant), Eli Abbott, and Sam- uel D. Lauderdale, dated Columbus, Mississippi, May 24th,

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