A Selection of Cases on the Conflict of Laws, Volume 2Harvard University Press, 1927 |
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 - 1901 |
A Selection of Cases on the Conflict of Laws, Volume 2 Joseph Henry Beale Affichage du livre entier - 1901 |
Expressions et termes fréquents
according administrator alleged amount ancillary ancillary administration appears applied appointed assets assignment authority Bank bill bond brought cause of action citizens claim comity common law conclusive Conflict of Laws Connecticut contract corporation Court of Appeal creditors damages death debt debtor deceased decision declared decree defendant determined discharge domicil effect enforce English law entitled evidence executed executor fact foreign law France French governed held husband indorsement injury insolvent intention interest intestate Jersey judge judgment judicial jurisdiction jury Justice land law of France lex fori lex loci lex loci contractus liability Lord marriage Massachusetts ment mortgage obligation opinion owner paid parties payable payment performance personal property plaintiff plaintiffs in error possession present principle proceedings provisions question real estate reason receiver recover Reported resident rule Scotland ship statute suit supra Supreme Court testator tion tribunal trust usury valid wife York
Fréquemment cités
Page 586 - 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 407 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 22 - ... have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey...
Page 461 - 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 304 - Ed. 245) it is laid down that "matters bearing upon the execution, the interpretation, and the validity of a contract are determined by the law of the place where the contract is made. Matters connected with its performance are regulated by the law prevailing at the place of performance. Matters respecting the remedy, such as the bringing of suits, admissibility of evidence, statutes of limitation, depend upon the law of the place where the suit is brought.
Page 317 - It is generally agreed that the law of the place where the contract is made is prima facie that which the parties intended, or ought to be presumed to have adopted as the footing upon which they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention...
Page 402 - 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 351 - The general principle in relation to contracts made in one place, to be executed in another, is well settled. They are to be governed by the law of the place of performance; and if the interest allowed by the laws of the place of performance...
Page 67 - 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 223 - Judge that the plaintiff has a good cause of action against the defendant...