An Exposition of the Principles of Pleading Under the Codes of Civil Procedure

Cover An Exposition of the Principles of Pleading Under the Codes of Civil Procedure
An Exposition of the Principles of Pleading Under the Codes of Civil Procedure
George L George Lemon Phillips
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Potter, 22 Iowa, 194 ; Ang. On Lim. 64 ; 1 Dan. Neg.
Chapman v. Robinson, 6 Paige, Instr. 867.
627 ; Goddard v. Sawyer, 9 Allen, ^ Bish. On Mar. & Div. 355 ; 2 78 ; Pine v. Smith, 11 Gray, 38. Par. On Contr. 593 ; 2 Wait Ac. & a Sands v. Smith, 1 Neb. 108. Def . 644.
421 DISCOVERING RIGHT OF ACTION. §403 It may be said to be a general rule that a contract valid under the law of the place where made, is valid everj' where ; and, e converso, a contract that is illegal and void where made, is void
... everywhere. This recognition of the laws of another state or country is a mere matter of courtesy and pol- icy. Such laws have no extraterritorial force, proprio vigore ; and their recognition in particular cases, as the lex loci con- tractus, being a matter of comity only, will not be extended to contracts that would violate sound morals, or the law of God, or the general policy of the state or country where tliey are sought to be enforced. If a promissory note be made in one state, and payable in another, and the legal rate of inter- est is different in the two states, it seems that either rate may be contracted for.^ But if no interest be expressed, the question whether it shall bear interest, and if so, at what rate, is to be determined by the law of the place where pay- able.

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