Rules of the Conflict of Laws Applicable to Bills and Notes, 1 Minnesota Law Review 239 (1917)
1. IN GENERAL.
a. English Law: Secticn 72, (2) of the Bills of Exchange Act provides as follows: "Subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made."
Chalmers gives the following explanation of the above provision:
"The term 'interpretation', in this subsection, it is submitted, clearly includes the obligations of the parties as deduced from such interpretation.
"Story, §154, points out the reasons of the rule adopted in this subsection. 'It has sometimes been suggested', he says, 'that this doctrine is a departure from the rule that the law of the place of payment is to govern. But, correctly considered, it is entirely in conformity with that rule. The drawer and indorsers do not contract to pay the money in the foreign place on which the bill is drawn, but only to guarantee its acceptance and payment in that place by the drawee; and in default of such payment, they agree upon due notice to reimburse the holder in principal and damages where they respectively entered into the contract.'
Date of Authorship for this Version
Lorenzen, Ernest G., "Rules of the Conflict of Laws Applicable to Bills and Notes (Part 3)" (1917). Faculty Scholarship Series. Paper 4531.