Questions and Answers on Law (Volume 1 ); Alphabetically Arranged, with References to the Most Approved Authorities

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1855 Excerpt: ... Blanchard v. Russel, 13 Mass. Rep. 1. Prentiss v. Savage, Ibid. 26. Lodge v. Phelps, 1 /oAns. Co. 159. Saul v..Hi Creditors, 17 Martin' Louis. Rep. 569. Story's Commentaries on the Conflicts of Law, p. 203, 215. In this work of Mr. Justice Story, the exceptions in the text are stated and discussed, and the authorities in support of them collected. In New Jersey it was held, in Varnum v. Camp, 1 Green's Rep. 326, that an assignment of personal property by an insolvent debtor, made at NewYork, in trust to pay creditors, and giving preferences, though good in New-York, was void as to personal property in New Jersey, because their statute law prohibited preferences it that case. The lex rei sitce, even as to personal property, prevailed by force of the statute over the lex loci.--Note B, 2 Kent, 458. 5. Is it not a consequence of the admission of the lex loci, that contracts void by the law of the land where they are made, are void in every other country? It is; so also the personal incompetency of individuals to contract, as in the case of infancy, and general capacities to contract, depend, as a general rule, upon the law of the place of the contract.--Alves v. Hodgson, 7 Term. Rep. 241. Desebates v. Berquier, 1 Binney's Rep. 336. Houghton v. Page, 2 N. H. Rep. 42. Story's Commentaries on the Conflict of Laws, 203. Pickering v. Fisk, 9 Vermont Rep. 102. Male v. Roberts, Esp. N. P. Rep. 163. Exparte Lewis, 1 Vesey, 297. Henry on Foreign Law, 96. Saul v. His Creditors, 17 Martin's Louis. Rep. 596, 598. Story on the Conflict of Laws, p. 97. 6. Is it not a general rule, that whatever constitutes a good defence by the law of the place where the contract is made, or is to be performed, is equally good in every other place where the question is litigated? It is.--2...