1. Though, under the provisions of Section 11221, General Code, fifteen years is the limitation of time fixed for an action upon a contract in writing in Ohio, the five-year limitation prescribed by the law of Florida for an action upon a contract in writing is by reason of Section 11234, General Code, applicable to an action brought in Ohio upon a written contract executed and to be performed in Florida. (Paragraph 4 of the syllabus in the case of Alropa Corp. v. Kirchwehm, 138 Ohio St. 30, approved and followed.) 2.
"Applying either the place of making rule, 9 O.Jur.2d Conflict of Laws § 62 (1954), or the place of performance rule, 9 O.Jur.2d Conflict of Laws § 53 (1954), it would appear that the substantive law of Pennsylvania is controlling. See Standard Agencies, Inc. v. Russell, 100 Ohio App. 140, 143; 135 N.E.2d 896 (Drake Country, 1954) and Alropa v. Kerchwehm [Kirchwehn], 138 Ohio St. 30; 33 N.E.2d 655 (1941). See also Pipe Welding Supply Co. v. Gas Atmospheres, Inc., 201 F. Supp. 191 (N.D.Ohio 1961).
Under Conflict of Laws, Vol. 11, Am.Juris., Sec. 152, Page 448, in the discussion of what law generally governs the construction and validity of insurance policies or contracts, it is said: "* * * All the authorities state that the lex loci contractus governs * * *". In Alropa Corporation v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655, 657, the Court held that the validity and interpretation of a contract was to be governed by the laws of the state where such contract is made or is to be performed. Judge Matthias quoted with approval the statement of Mr. Justice Story in the case of Bank of United States v. Donnally, 33 U.S. 361, 8 L.Ed. 974, that: "The general principle adopted by civilized nations is, that the nature, validity and interpretation of contracts, are to be governed by the law of the country where the contracts are made, or are to be performed * * *."
{¶ 27} In Payne, the Ohio Supreme Court held: "Though * * * fifteen years is the limitation of time fixed for an action upon a contract in writing in Ohio, the five-year limitation prescribed by the law of Florida for an action upon a contract in writing is by reason of Section 11234, General Code, applicable to an action brought in Ohio upon a written contract executed and to be performed in Florida." Id. at paragraph one of the syllabus; also, Alropa Corp. v. Kirchwehm (1941), 138 Ohio St. 30, at paragraph four of the syllabus. G.C. 11234, the basis for the decision in Payne and AlropaCorp., provided as follows: "If the laws of any state or country where the cause of action arose limits the time for the commencement of the action to a less number of years than do the statutes of this state in like causes of action then said cause of action shall be barred in this state at the expiration of said lesser number of years."
Defendant contends that the registered foreign judgment is a specialty, thereby implicating the use of this statute. Alropa v. Kirchwehm (1941), 138 Ohio St. 30, 33, 19 O.O. 484, 485, 33 N.E.2d 655, 656-657, rehearing denied and appeal dismissed (1941), 313 U.S. 549, 61 S.Ct. 1120, 85 L.Ed. 1514; Blumberg v. Saylor (1955), 100 Ohio App. 479, 483, 60 O.O. 380, 383, 137 N.E.2d 696, 701, appeal dismissed (1955), 164 Ohio St. 188, 57 O.O. 376, 129 N.E.2d 383. Thus, continues defendant's argument, because a foreign judgment is a specialty, is governed by a fifteen-year limitations period, and according to the UEFJA, is subject to the same defenses a judgment of the registering common pleas court, this judgment is void.
We have been referred to no Ohio decisions, and have been unable to find any, which contradict our conclusion that events which culminated in this suit justify our holding that this "cause of action" "arose" in Kentucky within the meaning of the Ohio statute. See Hunter v. Niagara Fire Ins. Co., 73 Ohio St. 110, 76 N.E. 563; Alropa Corp. v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655; Payne v. Kirchwehm, 141 Ohio St. 384, 48 N.E.2d 224; Bowers v. Holabird, 51 Ohio App. 413, 1 N.E.2d 326; National Bondholders Corp. v. Stoddard, 22 Ohio O. 145, 8 Ohio Supp. 19. See also Hilliard v. Pennsylvania R. Co., 73 F.2d 473, 475-476; Note, 15 U. of Cin. L. Rev. 337 (1941); Note, 21 Ohio O. 107 (1941). Therefore the judgment in No. 656 is affirmed.
Under those rules, the interpretation of an agreement is governed by the laws of the state where the agreement was made or is to be performed. See Soviet Import Export, Inc. v. General Tire International Co., 586 F.2d 5 (6th Cir. 1978) (construing Ohio law); Arsham v. Banci, 511 F.2d 1108, 1114 (6th Cir. 1975) (construing Ohio law); Alropa v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655 (1941). Since the Virginia leases were made and are to be performed in Virginia, Virginia law controls their interpretation.
Judge Krupansky held that since the property settlement between William Kyle and Earleaer Kyle was executed in Arkansas by then residents of Arkansas, Ohio conflict of law rules required that the district court look to Arkansas law to determine what effect, if any, this agreement might have on the rights of Earleaer Kyle to take the proceeds of the life insurance policy. As authority for this proposition, the court cited Mutual Life Ins. Co. of New York v. Cohen, 179 U.S. 262, 21 S.Ct. 106, 45 L.Ed. 181 (1900); Sheerin v. Steele, 240 F.2d 797 (6th Cir. 1957); Alropa Corp. v. Kirschwehm, 138 Ohio St. 30, 33 N.E.2d 655 (1941); McCormick v. Taft, 61 Ohio App. 200, 22 N.E.2d 510 (1938). In granting the motion of Earleaer Kyle for summary judgment, Judge Krupansky held that Allen v. First National Bank of Fort Smith, 261 Ark. 230, 547 S.W.2d 118 (1977) is dispositive.
See also: Kerper v. Wood, 48 Ohio St. 613, 29 N.E. 501, 15 L.R.A. 656; McCormick v. Taft, 61 Ohio App. 200, 22 N.E.2d 510. In Alropa Corp. v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655, it was held that statutes of limitations are remedial and subject to the law of the state in which the action is brought. To the same effect is an opinion of Mr. Justice Story in Bank of United States v. Donnally, 8 Pet. 361, 33 U.S. 361, 8 L.Ed. 974.
Therefore, the Court applies Ohio's statute of limitations to Plaintiffs’ claims even though the substantive laws of other States otherwise provide the rules of decision. Schwartz v. Cincinnati Museum Ass'n , 35 F. App'x 128, 131 (6th Cir. 2002) (quoting Charash v. Oberlin College , 14 F.3d 291, 299 (6th Cir. 1994) ); Alropa Corp. v. Kirchwehm , 138 Ohio St. 30, 34, 33 N.E.2d 655, 657 (1941).