Sec 457; Fant V

Miller, 17 Grat. 47; see infra, sec 881, 899.

7 Chapman V. Cottrell, 3 H. & C. 865; Horne V. Rouquette, L. R. 3 Q. B. D. 514; Towne V. Rice, 122 Mass. 67; Vanzant V. Arnold, 31 Ga. 210.

8 Cox V. U. S., 6 Pet. 172; Duncan V. U. S., 7 Pet. 435; infra, sec 990.

9 Wh. Con. of L. sec 412.

10 Bronson V. Gleeson, 7 Barb. 472; Lobdell V. Hopkins, 5 Cow. 518; Barr V. Myers, 3 Watte & S. 295.

1 Howard V. Miner, 20 Me. 325; Lob-dell V. Hopkins, 5 Cow. 516; Goodwin V. Holbrook, 4 Wend. 377; Barr V. Myers, 3 W. & S. 299; Mingns V. Prit-chett, 3 DeV. 78.

2 Ross, J., Roberts V. Beatty, 2 P. & W. 71; see Miles V. Roberts, 34 N. H. 254. As to tender, see infra, sec 992.

3 Ibid.; Goodwin V. Holbrook, 4 Wend. 377.

4 Bronson V. Gleeson, 7 Barb. 472.

5 Goodwin V. Holbrook, 4 Wend. 377; Bronson V. Gleeson, 7 Barb. 472; Barr V. Myers, 3 Watts & S. 295; see infra, sec 982.

6 Peck V. Hubbard, 11 Vt. 612; see infra, sec 990.

7 Stewart V. Morrow, 1 Grant (Penn.) 204.

8 Bixby V. Whitney, 5 Greenl. 192. As to delivery out of state see infra, sec 990.

9 Evans V. Scott, 89 Penn. St. 136.

10 Royce V. Charlton, L. R. 8 Q. B. D. 1.

Sec 873

Where there is a contract to pay money, the money, on the maturity of the debt, must be tendered to the creditor personally, wherever, such is the English rule, he may happen to be, provided he be in England;1 and it has been held that, under a composition deed which requires the debtor to give notes to the several creditors in satisfaction of their debts, the tender must be to the creditors personally, although there be no application from the creditors.2 And although it has been held that this seeking out the creditor for the purpose of tender is not necessary when the creditor has gone abroad, and the debt is payable in England, yet it is otherwise when the debt is payable abroad at the residence of the foreign creditor. In such case the tender must be made to the foreign creditor at his residence.3 - The holder of a note or bill, also, when there is on the paper no designated place of payment, must be sought out wherever he is.4 - Even where a tenant covenants to pay rent in the manner stipulated in the lease, no place of payment being specified, it is not sufficient for the tenant to be on the premises leased on the designated day with money ready to pay the lessor. The lessor must be personally sought.5 - A tender may be made by an agent to an agent.6

Sec 874

As is elsewhere more fully shown,7 when there are two or more conflicting local laws bearing upon a contract, the mode of solemnization is to be determined by the law of the place where it is solemnized; the meaning of the words by the law of the place where it was agreed upon, or, in some instances, where the party first using the words was On contract to pay money tender must be made personally.

Form of contract determined by place of solemnization; meaning of words by place of doing business at the time he used them; process is to be determined by the law of the place in which the suit is brought; and the mode of performance by the law of the place of performance. In each case, however, the law of the forum, if based on distinctive national policy, or when fixed by peremptory legislation, overrides foreign laws.1

1 Infra, sec 971; Leake, 2d ed. 853, citing Sheppard's Touch. 136; Lit. s. 340; Howard V. Miner, 20 Me. 325; Smith V. Smith, 25 Wend. 405; 2 Hill, 351; and see Eastman V. Rapids, 21 Iowa, 590.

2 Cranley. V. Hillary, 2 M. & S. 120.

3 Leake, 2d ed. 853; Fessard V. Mugnier, 18 C. B. N. S. 286. That it is not necessary in this country to seek out a creditor in another state, see Green. EV. sec 611; Allshouse V. Ramsay, 6 Whart. 331; and cases infra, sec 990.

4 Turner V. Hayden, 4 B. & C. 1; Poole V. Tunbridge, 2 M. & W. 225.

5 Haldane V. Johnson, 8 Exch. 689; see Rowe V. Young, 2 Brod. & B. 165.

6 Infra, sec 982.

7 Wh. Con. of L. sec 401.