in another State, unless it appears that the parties had in view the laws of the latter place in respect to interest,^ in which case the rate of interest of the place of payment is to govern.^ The general rule, then, may be stated to be, that interest is to be paid according to the law of the place where the contract is made, unless payment is to be made elsewhere, and then it is to be according to the law of the place of performance.^ And it is now the adopted rule both in Eng- land -and this country, that the rate of interest is to be according to the law of the place where the money is to be used or paid, or to which the loan specifically referred. So a loan contracted in London, to pay in America at a rate of interest exceeding the lawful rate of England, is not usurious, for the stipulated interest was part and parcel of the contract.* And Judge Story'' states the rule in direct language, that interest is to be paid on contracts according to the nental civilians, are fully examined and discussed. Healy v.
Gorman, 3 Green N. J. R., 328.
' i>e Wolf y. Johnson, lO Wheat., 367; Dela Chaumette v. Bank of England, 8 B. & Cress., 208.
" Scofield V. Da7j, 20 John. R., 102; Be Wolf^. Johnson, 10 Wheat., 367; Quince v. Callender, 1 Dessaus S. C. R., 160.
' Rohinson v. Bland, 2 Burr. R., 1078; Cooper v. The Earl of Waldegrave, 2 Beavan, 282 ; Archer v. Dunn, 2 Watts & Serg., 328 ; Thomas v. Beekman, 1 B. Monroe's R., 34; Boyce v. Edwards, 4 Peters' U. S. R., 111. * Thompson v. Powles, 2 Simons' R., 194. ^ Story on Conf. L., 456.
EATB OF INTEREST ON CONTRACTS. 113 law of the place where they are to be performed, in all cases where interest is expressly or impliedly to be paid.^ JJsurwm inodus ex more, uhi ccmtrcLctium ' Fergusson v. Fyffe, 8 Clarke & Fin., 121, and cases cited ; Con- ner V. Bellamont, 2 Vern. R., 382; Gash v. Kennion, 11 VeseyE.., 314;