28 Pa. 452 | Pa. | 1857
The opinion of the court was delivered by
On the 26th September, 1856, the Lebanon
The decision of the Supreme Court of the United States in Miller v. Austin, 13 How. 218, is certainly entitled to very great respect, on account of the learning and ability of the judges who administer the law in that court. But this question does not arise upon the construction of the constitution or laws of the United States; the case before that court was a certificate of deposit issued by a bank in Mississippi, and endorsed in Ohio. The action was brought in the latter state, not upon the certificate, but upon the endorsement. Every endorsement is treated as a new and substantive contract, and is governed by the law of the place where the endorsement is made: Slocum v. Pomroy, 6 Cranch 221; Story Confl. Laws 314. The Federal tribunal had, therefore, no other duty to perform than to ascertain what was
The same remark may be made in relation to the decisions of other states on this question.' When a principle of Pennsylvania law has been settled by the Supreme Court of the state, it is not to be changed in order to conform to the laws of other states.
Judgment affirmed.