Promissory note between individuals in England

Promissory note between individuals in England

p_couderc@hotmail.com (Philippe)	8/6/2003 5:45:00 AM
Hi there! A friend of mine has recently been pressurised into writing a promissory note for someone else. My friend is English and the other individual is French. The document was made and signed in England, the date and place appear on the document. The document has been written both in English and in French. I have 2 questions: 1) Does this document depend from the English law or the French law? (i.e. if the French individual wanted to claim his money back in France would it work?) 2) The document hasn't got any "consideration" - according to what information I could gather the absence of any consideration in a promissory note can make it completely void - is that true? Thanks for your replies guys!



"Richard"	8/6/2003 11:23:39 AM
Philippe wrote:>> Hi there! A friend of mine has recently been pressurised into writing a promissory note for someone else. My friend is English and the other individual is French. The document was made and signed in England, the date and place appear on the document. The document has been written both in English and in French. I have 2 questions: 1) Does this document depend from the English law or the French law? (i.e. if the French individual wanted to claim his money back in France would it work?) 2) The document hasn't got any "consideration" - according to what information I could gather the absence of any consideration in a promissory note can make it completely void - is that true? Thanks for your replies guys! Interesting. As I am not an attorney, I am only pondering here. Wouldn't France and England have some kind of reciprocal agreement? Since the two countries have been doing business with each other for a few centuries, I would think so. On the other hand, with travel now being only to easy with the channel tunnel, why wouldn't the frenchmen travel to england to make any legal repairs or demands? Since this is a basic promisary note, the frenchmen may have no other choice but to travel. As the note was written and signed in england. Say we have a person living in New York who has the same deal with a person who lives in California. The person in california files in his home state court. Most likely, what ever the courts rule in california, can not be enforced in new york. So he'd have to travel back to new york and do it all over again.



nospam@isp.com	8/6/2003 6:58:06 PM
On Wed, 6 Aug 2003, "Richard" <anom@anom> said in part in substance: [Supposes that a N.Y. resident makes/signs and delivers in N.Y. an I.O.U. or other note promising to pay money to a Calif. resident and that the Calif. resident returns to his home state and, if the N.Y. resident/promissor does not pay as/when promised in/by that document, sues the N.Y. resident in a Calif. state court.] Most likely, whatever the courts rule in Calif. can not be enforced in New York. So he'd have to travel back to new york and do it all over again. For the here-hypothesized scenario, your "most likely" will depend primarily on important facts you do not (even hypothetically) report -- namely, - whether in/by the instrument in question the parties have agreed where/how suit may be brought to enforce a default of the note (varying such provisions are very common and, when present, commonly enforced) and - whether or not there is such a provision in the note/I.O.U. itself, where and how the Calif. plaintiff will have served or caused the service of process on the N.Y. defendant (in other words, whether the plaintiff will have validly enabled the Calif. court's exercise of "jurisdiction" over the defendant) and - the degree to which (regardless how process is or was claimed not to have been served) the resulting Calif. judgment will have been granted on default and, if so, without or after some sort of attempted defense on the merits. As is well known, depending on the facts which would address the above-summarized issues, federal constitutional and state-statutory provisions (including in N.Y. and in Calif.) provide for the (commonly: more or less automatic) enforcment in U.S. stateB of a U.S. stateA judgment directing the payment of a sum of money.

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