This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The law of the forum controls as to questions of the evidence by which the truth of the facts in issue may be proved or disproved.1 Thus while questions of the notice necessary to hold parties secondarily liable are controlled by the law of the place of performance, the question of the evidence by which the notice thus found requisite may be proved is controlled by the law of the forum.2 Where the statute of frauds is held to be a rule of evidence and not a rule as to the form of the contract itself, the law of the forum controls as to the question of its application.3 So if an unsigned written report as to a matter affecting the credit of another person4 is actionable where made, but suit is brought thereon in another jurisdiction, the law of the forum controls.5
2 Willard v. Wood, 164 U. S. 502; s. c.; 135 U. S. 309; Burchard v. Dunbar, 82 111. 450; 25 Am. Rep. 334; New York Life Ins. Co. v. Aitkin. 125 N. Y. 660; 26 N. E. 732.
3 Le Roy v. Beard, 8 How. (U. S.) 451.
4 Mack v. Roberts' Quarries, 57 O. S. 463; 63 Am. St. .Rep. 729; 49 N. E. 467.
5 Western Union Telegraph Co. v. Waller. 96 Tex. 589; 97 Am. St. Rep. 936; 74 S. W. 751. (The question involved being whether damages were recoverable for mental anguish.)
1 Pritchard v. Norton, 106 U. S. 124; Wilcox v. Hunt, 13 Pet. (U. S.) 378; Downer v. Chesebrough, 36 Conn. 39; 4 Am. Rep. 29; Union Central Life Ins. Co. v. Pollard, 94 Va. 146; 64 Am. St. Rep. 715; 36 L. R. A. 271; 26 S. E. 421; Second National Bank v. Smith, 118 Wis. 18; 94 N. W. 664.
2 Second National Bank v. Smith, 118 Wis. 18; 94 N. W. 664.