A Shorter Selection of Cases On the Conflict of Laws
A Shorter Selection of Cases On the Conflict of Laws
Joseph Henry Beale
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A contract of this kind cannot stand on the same principles with a bona Jide agreement made in one place to be executed in another. In the last-mentioned cases the agreements were permitted by the lex loci contractus, and will even be enforced there, if the party is found within its jurisdiction, ,' But the same rule cannot be applied to contracts forbidden by its laws and designed to evade them. / In such cases tlie legal consequences of such an agreement must be decided b\- the law of the pla...ce where the contract was made. If void there, it is void every where ; and the cases referred to in Story's Conflict of Laws, 203, fully establish this doctrine. In the case of De Wolfe v. Johnson, 10 Wheat. 383, this court held that the lex loci contractus must govern in a question of usury, although by the terms of the agreement the debt was to be secured by a mortgage on real propert}- in another State. And the case of Dewar v. Shaw, 3 T. R. 425, shows with what strictness the English courts apply their own laws against usury to contracts made in P^ngland.
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