A Selection of Cases on the Conflict of Laws, Volume 2Harvard Law review publishing association, 1901 |
Autres éditions - Tout afficher
A Selection of Cases on the Conflict of Laws, Volume 2 Joseph Henry Beale Affichage du livre entier - 1901 |
A Selection of Cases on the Conflict of Laws, Volume 2 Joseph Henry Beale Affichage du livre entier - 1927 |
A Selection of Cases on the Conflict of Laws, Volume 2 Joseph Henry Beale Affichage du livre entier - 1901 |
Expressions et termes fréquents
according action adopted agreement alleged appeal apply authority Bank bill of exchange binding bond citizens claim Clunet comity common law Conflict of Laws contract creditors death debt deceased decision declared decree defendant delivered determined discharge divorce domicil effect enforced England English law entitled evidence executed fact foreign country foreign law French law given governed held husband Illinois immovable indorsement intention interest intestate judge judgment jurisdiction Justice land law of England law of France legitimate lex fori lex loci contractus lex loci solutionis liability Lord Louisiana marriage married Massachusetts ment mortgage movable nations obligation opinion paid parties payable payment Pennsylvania personal property place of performance plaintiff plaintiff in error present principle probate prohibited provisions question Railroad recognized recover Reported resident rule Scotland statute stipulation suit Supreme Court testator tion transaction trust usury valid void wife York
Fréquemment cités
Page 341 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 442 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 512 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 465 - says Lord Mansfield, ' established ex comitate et jure gentium is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception where the parties at the time of making the contract had a view to a different kingdom.
Page 512 - Kingdom. (2.) Subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made. Provided that where an inland bill is indorsed in a foreign country the indorsement shall as regards the payer be interpreted according to the law of the United Kingdom.
Page 171 - A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
Page 46 - That the petitions for the abolition of Slavery in the District of Columbia and the Territories of the United States...
Page 282 - Any estate, right, or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto was vested in him at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator.
Page 135 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such ; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 2 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.