American Case Assignment(s)

Milne When a contract is made in one state or county, to be performed in another state or county, its
validity and effect are determined by the law of the place of performance. Therefore, an
assignment by commissioners of a bankrupt person in England does not operate as a legal or
equitable transfer of property in the US so as to prevent an American creditor from resorting to
that property found in the US for payment of liability through a contract which is sought to
performed in the US, or the bankrupt person from transferring it.
Green
Whether the proceedings in the Illinois court have effect over the properties located in Illinois
and the parties who are all citizens of New York? YES, New York court is required to
recognize that title to the safe was transferred under the lawful Illinois sale.Illinois had
dominion over property located within the state and had the right to regulate its transfer and
subject it to process and execution.Each state has the right to regulate the transfer of property,
both personal and real, within its jurisdiction, and this right exists and may be exercised as to
personal property of non-residents, if within the state, as well as residents.The fiction of law
that the domicile of the owner draws too it his personal estate wherever it may happen to be,
yields whenever the actual situs of the property should be examined. By the laws of Illinois, an
attachment on personal property will take precedence of an unrecorded mortgage executed in
another State were record is not necessary, though owners of the chattels, the attaching
creditor, and the mortgage creditor, are all residents of such other State.
Minor (Slaves that were owned by married women in Kentucky were deemed as real property. The
status of these slaves, whether real or personal property, are now in contention when the
women brought the slaves to Missouri.) Personal property has no locality, but is subject to the
law which governs the person of the owner. Slaves which have been held by a married woman
in another state, under a law which made them real estate and exempt from all liability for the
husband's debts, become, on her removal to the state of Missouri, the absolute property of the
husband and liable for his debts by the laws in Missouri.
Thompson A railroad corporation, organized under the laws of the state of Indiana, and competent to take
the title to real estate therein in payment of or security for debts due to it, is competent to
exercise the same powers in the state of Michigan, since the legislature of Michigan has not
adopted any policy or enacted any statute which restricts the courts from applying the usual
principles of comity to such a corporation. Where a corporation is created in one state, with
power to take, hold, and convey lands in another state, where the legislature has not expressly
or by implication forbidden it, an affirmative enabling act is not necessary to give such
corporation power to take, hold, and convey lands in the latter state, since such capacity is
given under the same principles of comity as the capacity to make or enforce contracts or
acquire personal property in states other than that of its creation.
Stack Matters respecting remedies depend on law of the place where the action was brought. (This
was an action for foreclosure brought in Michigan. The mortgagor was saying that the
mortgage was usurious and unlawful. Mortgagor is an Illinois corporation and Illinois statutes
prevent corporations from interposing usury as a defense. The Court said that to give the
Illinois statute extraterritorial effect would result in a conflict with Michigan local interest laws
and with a corporation's right to interpose usury as a defense in Michigan.)
Finney Where a case turns upon the construction by a state court of a statute of another state, and
not upon the validity of such statute, a decision on that question is not necessarily of a federal
character. It depends upon the particular facts of each case and the manner in which they are
presented, how far such questions can be regarded as coming under the full faith and credit
clause of the Constitution. Where the law of a foreign jurisdiction has been proved as a fact,
the evidence of a witness, stating such law and decisions as to its meaning and effect, does
not preclude the court from itself consulting and construing such statute and decisions and
deducing its own opinion in regard thereto, nor is the right and duty of the courts to themselves
construe statutes and decisions of a foreign jurisdiction altered because such law and
decisions are set forth in a pleading which is demurred to instead of being proved as facts on a
trial.
Hunt
Fox The general rule is that a contract is governed by the law of the place thereof. However, the
courts of one state will not enforce contracts which, though valid in the place where made,
contravene their policy.

Siegel vs Robinson Contracts relating to the sale of realty, including executory contracts, are generally governed
by the law of the jurisdiction in which the property is located. However, in some jurisdictions,
the validity and effect of an executory contract for the sale of land are governed by the law of
the place where the contract is made and is to be performed, and not by the law of the place
where the land is situated
 Huntington The courts cannot execute penal laws of another country. The question whether a
statute of one state, which in some aspects may be called penal, is a penal law, in the
international sense, so that it cannot be enforced in the courts of another state, depends upon
the
question whether its purpose is to punish an offense against the public justice of the state, or
to
afford a private remedy to a person injured by the wrongful act.

Russell A special statutory remedy given by the laws of another state, for enforcing the statutory
liability of the stockholders of a corporation organized under its laws, limits the liability, and
where such remedy is not afforded by the laws of this state, the liability of the stockholders of
such corporation cannot be enforced in this state against resident stockholders thereof.
Ferguson
If there are two chattel mortgages executed covering the same personal properties,
with one being executed earlier, the mortgagee in possession of the property itself has priority
over the other mortgagee, despite the fact that the chattel mortgage of the latter was executed
prior to the one of the former.

Com. Nat. Bank An act of sovereignty must have no effect in the territory of another state. The exception does
not only mean that forum courts cannot base a conviction for criminal offense on the breach of
a foreign penal law, but it also implies that they will refuse to enforce foreign judgments in a
penal proceeding.
Warner The law of the owner's domicile is to determine the validity of an assignment, unless there is
some positive or customary law of the country where the subject of the assignment is found to
the contrary.

An assignment, though valid and operative in the state in which it was executed, immediately
upon its delivery, does not pass title to the property in another state, as against an attaching
creditor there without notice of the assignment, where the law of the latter state provides that
such creditor shall not be affected or prejudiced by such assignment until it is recorded in the
country where the property is situated.

The general rule is that the voluntary transfer of personal property is to be governed,
everywhere, by the law if the owner's domicile and this rule proceeds on the fiction of law that
the domicile draws to it the personal estate if the owner wherever it may happen to be. But this
fiction is by no means of universal application, and yields whenever it is necessary for the
purposes of justice that the actual situs of the thing should be examined, and always yields
when the law and policy of the state where the property is located have prescribed a different
rule of transfer from that of the state where the owner lives.
In re Waite Before such adjudication can be held to be efficacious in a foreign country to transfer title to
property, the bankrupt court must have had jurisdiction of the bankrupt either because it was
made in the country of his domicile, or because he, although domiciled elsewhere, submitted
to the jurisdiction, or in some other way, came under the jurisdiction of the bankrupt court.
Barth
The general rule is that the validity of a transfer of personal property is governed by the law of
the domicile of the owner when such is a voluntary assignment by a debtor of all his property
for the benefit of creditors and the title of such assignee, valid by the law of the domicile, will
prevail against the lien of an attachment issued and levied in another state or country
subsequent to the assignment.

Title to personal property acquired in invitum (against an unwilling party) under foreign
insolvent or bankrupt laws, good according to the law of the jurisdiction where the proceedings
were taken, will not be recognized in another jurisdiction where it comes in conflict with the
rights of creditors pursuing their remedy there against the property of the debtor.
Gilman Certificates of discharge granted under insolvent laws passed by a state cannot be pleaded in
bar of an action brought by a citizen of another state in the courts of US or of any other state
than that where the discharge was obtained unless it appear that the plaintiff was able to
participate in the insolvency proceedings
Fowler v Lamson When a special remedy is given to creditors of a corporation against its stockholders in one
state, the liability cannot be enforced in another state.
Young Judgment creditor of foreign corporation cannot by creditors’ bill, in Illinois, enforce payment of
his judgment from some of stockholders, when courts of state in which corporation was
created, and in which many other stockholders live, have not determined extent of liability of
stockholders for debts of corporation.
 Tuttle
Nat. Bank of Aburn
Marshall v Sherman
Schudder
Milliken
Pritchard v. Norton
Ruhe
Atwood
Wolf v Burke
Southern Express Co
Beggs Co. v. Bartels
Fidelity Mut. Life Assn. v. Jeffords
Northwesyern S.S. Co.
Equitable Life Assur.
Phipps
It is recognized that the relation of a stockholder to the corporation is determined by the laws
of the State of the creation of the corporate body, and where the law of the domicil of the
corporation creates a special remedy, that remedy cannot be enforced except within the
jurisdiction of the domicil of the artificial body.
The statute which creates the liability is in the nature of a penalty for disobedience to its
commands, while it may not have all the characteristics of a ‘penalty,’ as that term is commonly
understood, being in the nature of a penalty, the rules under the lex fori shall govern. (NOTE:
Decision was poorly written.)
It is a principle of universal application, recognized in all civilized states, that the statutes of
another state have, ex proprio vigore, no force or effect in another. There is, however, a large
class of foreign laws and statutes which, under the doctrine of comity, have no force in this
jurisdiction. It belongs exclusively to each sovereignty to determine for itself whether it can
enforce a foreign law without, at the same time, neglecting the duty that it owes to its own
citizens or subjects.
Written promise or agreement to accept the bill of exchange was unnecessary. Although the
bill was payable in Missouri, where a promise to pay was unenforceable unless written, the
court held that the promise to pay was enforceable although not in writing because it was
made in Illinois, where parole promises to pay bills of exchange were enforceable.
Pratt is a resident of Massachusetts whose laws prohibit a married woman from acting as a
surety for her husband. Notwithstanding such prohibition, she signed a guaranty for her
husband in favor of Milliken, and such contract was entered into in Maine, where no such
prohibitory laws exist. The court ruled that a contract's validity is to be determined by the law
of the State where the contract was made. Since the contract was validly entered into in
Maine, it is valid and enforceable even if execution is to be done in a State where such
contracts are held invalid.
Where an obligation is executed in one place, expressly or tacitly to be performed in another,
then the contract to its validity, nature and obligation is to be governed by the law of the place
of performance.
It is universally admitted and established that forms of remedies and modes of proceeding and
the execution of judgments are to be regulated solely and exclusively by the laws of the place
where the action is institution, or according to the lex fori. While the rights emanating from the
contract are determined by the lex loci contractus, the law of the remedy is no part of the
contract.
Lex Loci Contractus. Where contract for purchase of land was made in one state for purchase
of land in another, and suit for breach was brought in state where land is located, the law of
the state where the contract was executed governs.
The rights and title to real property are governed by the law of the situs, and the law of
evidence of the situs respecting such property rights should also govern
The lex loci contractus is to govern, unless it appears upon the face of the contract that it was
to be performed in some other place, or made with reference to the laws of some other place,
and then the rule of interpretation is governed by the law of the place
The general rule is that formalities of a contract are governed by the lex loci contractus. The
exception is when the contract is to take effect in another place. In such a case, the formalities
shall be governed by the place where the contract is to take effect.
A contract of life insurance, made and delivered and the premiums paid in the state where
insured resided, is a contract of that state and governed by its laws.
policy of insurance on an American vessel issued in England and there delivered to brokers
who paid the premium, is an English contract to be construed and enforced according to
English law
The laws of the place of making of the contract, and the place where all the conditions of the
policy are to be performed, shall govern with respect to the stipulations of the contract.
The statute entered into and is a term of the contract. The engagement of the plaintiffs in error,
therefore, was that if, upon due demand, the note should not be paid according to its tenor,
they would compensate the holder or a subsequent indorser who was compelled to pay,
provided the requisite proceedings on dishonor were duly taken. It is urged, however, that we
must disregard this statute; and, in support of this contention, the broad doctrine is asserted
that the several states of this Union have no right by statute to change the general commercial
law
 Smith v. Ins. Co. In elaborate and exhaustive judgments it was decided by the learned justice that the policies
were to be governed by the law of the states where the companies were incorporated, and
where the contracts were to be performed, and the Act does not have the effect to extend to
such policies the non-forfeiture act. Policies of insurance issued by foreign companies doing
business in Massachusetts,
under the laws thereof, to citizens of Massachusetts, are governed by the laws of the state
where the companies were incorporated, and where the contracts were to be
performed.
Sturdivant v. Bank A note made in one state and payable in another, is not subject to the usury laws of the latter
state, if it is valid in that respect in the state where it was made.
Wayman In every forum a contract is governed by the law with a view to which it was made.
Hall v. Cordell When a contract is executed in State X, but is to be performed in State Y, the laws of the state
where the contract is to be performed (State Y) determine the rights of the parties to such
contract.
Mutual Life Ins. Co. v. Hill
The state where the insurance application is made, the first premium paid by and the policy
delivered to the assured, is the place of contract.

The statutory provision of New York in reference to forfeitures has no extraterritorial effect, and
does not of itself apply to contracts made by a New York company outside of the state.

Parties contracting outside of a state may, by agreement, incorporate into the contract the laws
of that state and make its provisions controlling on both parties, provided such provisions do
not conflict with the law or public policy of the state in which the contract is made.

Where a contract contains a (general) stipulation that it shall be construed to have been made
in New York without referring to the law of that state requiring notice, and also contains
another (specific) stipulation by which the assured expressly waives all further notice required
by any statute, the latter stipulation is paramount, and to that extent limits the applicability of
the New York law in reference to notice to policyholders. (i.e. where there are 2 conflicting
clauses, that which is specifically directed to a particular matter controls in respect
thereto over one which is general in its terms, although the particular may be included
in the general terms.)
Lewisohn Provisions excusing the common carrier from liability arising from negligence and requiring
that the law of England will govern stipulated in a bill of lading will not be given effect in New
York wherein these stipulations are considered contrary to public policy.
Dimpfel A prohibition in a statute of one state that restricts the right of a person to marry has no extra-
territorial effect. The Law that should govern is the law of the District, where the marriage took
place
Lanham Wisconsin's law forbiding marriages within one year after a divorcee's divorce have
extraterritorial application.
Pennegar v. State It is a rule of universal recognition in all civilized countries that in general, a marriage is valid
where celebrated is valid everywhere. However, these are subject to two exceptions: 1)
marriages which are deemed contrary to the law of nature, as generally recognized in
Christian countries, and 2) marriages which the local law making power has declared shall not
be allowed any validity, either in express terms or by necessary implication.
Johnson A marriage between first cousins domiciled in Seattle, contracted in Victoria, B.C., where they
went to evade the law of this state prohibiting such marriages, the parties immediately
returning to their domicile, is void, and it is an error to refuse a divorce decree. Where
a marriage is prohibited, either by the statute or by those rules of morality and decency which
make it against the natural law of civilized nations for two persons to marry, as incestuous or
polygamous marriages, it is in vain for them to go beyond their domicile, to engage in a
contract of marriage, for the purpose of avoiding the prohibition.
Garcia A marriage which was validly celebrated in one state is held to be valid in other states.
State vs Fenn The power of the State to declare void marriages contracted beyond its boarders does not
apply to marriages contracted in other states when persons involves were domiciled in good
faith at the time and place of the marriage in issue.
 Bronson The issue in this case was the title of certain logs which is dependent on the title of the land
from which the logs were cut. It was contended that the logs were still owned by the plaintiffs
unless it had been divested through tax proceedings. Defendants presented tax deeds to
show proof of tax proceedings and argued that because of this, the land was no longer the
plaintiff's. The case was brought before the State of Minnesota but the land was found in the
State of Wisconsin. The law in Wisconsin states that: A tax deed of lands in Wisconsin is
conclusive evidence of title in the grantee, after the lapse of the statutory period of limitations
to contest the tax deed's validity. Since it was proven in the case that the statutory period had
lapsed, the tax deed was held to be still owned by plaintiffs. The Court ruled that the law of
Wisconsin that gives conclusive effect to the tax deed, after the expiration of the statutory
limitation, is not merely a rule of evidence which is no effect elsewhere, but rather a law of
property, and it must be so regarded when, as in this case, an issue arises respecting the title
to the land in Wisconsin.
Cochran Subject to certain qualifications, the lex situs regulates all transfers of land, in every
point which constitutes the conveyance. The capacity to devise lands, or to be a devisee
thereof, or to transfer them inter vivos by conveyance or mortgage, will be controlled by the lex
situs of the realty. So also the forms and solemnities required by the lex situs for valid
conveyances or devises of land, or for powers of attorney to convey the same, must be
followed. Compliance with the law of the party’s domicile or of the place where the instrument
is executed will not suffice.
Post A mortgage of land in Illinois, invalid in Texas, where it was executed, will be enforced in
Illinois, if valid under its laws.
Hauensten v. Lynham It must always be borne in mind that the Constitution, laws, and treaties of the United States
are as much a part of the law of every State as its own local laws and Constitution. This is a
fundamental principle in our US system of complex national polity. Here a citizen of
Switzerland died intestate in Virginia and left properties therein, however under the laws of
Virginia, aliens may not inherit property through the intestacy statues, thus barring the heirs
from inheriting. However there is a treaty between Virginia and the Swiss Confederation which
allows the same, thus, the heirs can inherit for the treaty governs.
Peck v Hibbard When the maker of a note is regularly discharged as a bankrupt or insolvent in Canada under
the laws of that state, so that such discharge would be a good defense to the note in that
country, then also will it be a good defense to the note in Vermont, U.S.A.; and it is
immaterial whether the maker was domiciled in Vermont or Canada at the time of the
discharge; and whatever will be a good defense, by the laws of Canada, where the note was
given and payable, will be a good defense wherever and by whomsoever the note may be
prosecuted.
Peck v Mayo Those incidents of a contract which relate to its force and validity, as well as its performance
and damages for breach, will be determined by the place of performance or payment.
Young 1. Res Ad judicata. Where a court has jurisdiction of the parties and of the subject-matter of
the controversy, a prior judgment, whether rendered in an action at law or in equity, concludes
them upon the material issues and is conclusive as to all facts comprehended within the
issues submitted which were relevant and material and which were so related to the issues
that their determination was necessarily involved.
2. Former Judgment in Action for Accounting, when Conclusive against Subsequent Action
upon a Quantum Meruit. A judgment against the plaintiff in an action for an accounting, in
which the complaint alleged an agreement by the defendants to give him, “in addition to the
same salary that he had theretofore been paid, a certain interest in the profits,” to the extent of
an equal division thereof, which judgment determined that there was an express contract
between the parties that he was to receive a stipulated salary, but that there was no contract to
pay compensation beyond that, is conclusive against his right to recover the value of his
services in a subsequent action on a quantum meruit.
3. Ron-applicability of Theory of “Unjust Enrichment.” The theory of “ unjust enrichment” does
not apply to such a case, inasmuch as that depends for its application upon the failure of the
plaintiff to prove any contract, or to hold the defendants to a liability for the benefits which they
have received under a contract which is invalid at law.
Brown
(A bill of exchange was drawn in Chicago. When the was indorsed in another state, the drawer
was contending that it was protested late in accordance to the state that accepted the bill.)
Commercial papers are governed by the laws where they are payable As the bill was payable
in the State of Illinois, it was controlled by the statutes of Illinois relating to commercial paper.
Rathbone Where the statute of the state where the contract was made extinguishes the debt itself,
instead of merely affecting the remedy, and the parties have resided there during the period of
limitation, it is a good defense in a foreign jurisdiction
 Tarbox The law of the place where the contract is to be performed controls relative to the performance
of the parties. (Petitioner seeks to recover from defendants the price of the horses the former
sold to the latter. Defendants promised to pay in NYC and sent a note by mail from NYC
payable in Massachusetts. MASSACHUSETTS LAW: Note taken for an antecedent debt is
deemed to be a payment, unless there is evidence to show the contrary; NYC LAW is the
other way. The Court said that NYC law prevails. The action is brought on the original contract
and not on the note. Petitioner in NYC is not affected by the rule which prevails in
Massachusetts. Petitioner was to be paid in NYC and he has not yet been paid according to
NYC law and is entitled to recover.
Fanning Interest is payable according to the laws of the country where the contract is made; but if, by
the terms of nature of the contract, it appears that it is to be executed in another country, or
that the parties had reference to the laws of another country, then the place in which it was
made is, in this respect, immaterial, and it is to be governed by the laws of the country in which
it is to be performed.
Odom 1. A promissory note payable in New York City with an interest rate of 8% per annum is being
assailed for being usurious pursuant to a New York statute that limits that the interest rate to
6% per annum and declared void all contracts which provide for an interest rate in excess
thereof.
2. The note was secured by a deed executed in Georgia and conveying land in Georgia. The
note itself was also executed in Georgia.
3. When the New York Statute was offered to prove that the note was usurious it was objected
to on the ground of it being irrelevant.
Matthews Whether or not a note is usurious will be determined by the law of the state where it was
made and to be performed.
Bank of US vs. Lee As against subsequent creditors of the husband, the bona fides of the transfer was not
affected by the facts that it was removed from Virginia; that a note given by him after the deed
of trust, and after his removal, was indorsed by one of the trustees in the deed, and secured
by a deed of trust on the same property; and that other portions of the trust property were sold
by the husband without objection from the wife
Green The state which has dominion over property located therein has the right to regulate its
transfer and subject it to process and execution.
Hervey The liability of property to be sold under legal process, issuing from the courts of the State
where it is situated, must be determined by the law there, rather than that of the jurisdiction
where the owner lives.
Mumford General Rule is that the validity of the contract is governed by the law of place where it is
made and the law of place where contract is made. Foreign laws will not be permitted to
contravene the pocourts of that State have held, where possession remains with the
mortgagor, that it is not fraudulent per se, as against creditors, but that it might be shown to be
bona fide.
Keenan The general rule is that the validity and effect of contracts relating to personal property are to
be determined by the laws of the state or country where they are made, and, as a matter of
comity, they will, if valid there, be enforced in another state or country, although not executed
or recorded according to the law of the latter. This rule has been applied, in a great number of
cases, to chattel mortgages, where the mortgagor removes with the property into another
state, continuing in possession of it, permissible by the law of the former, under circumstances
that, had the mortgage been executed in the latter state, by one resident therein, would have
made it invalid as against creditors or purchasers.
Jhonson The mortgage of the claimant, having been duly executed and acknowledged in the laws of
Florida, where it was made, and recorded in that state, is an operative security, though the
property is brought into this state, unless it becomes inoperative by our law.
Harrison The law of a place where a contract is made is, generally speaking, the law of the contract and
the law by which the contract is expounded. The right of priority of claim forms no part of
contract on which claim is based, and is rather a personal privilege dependent on the law of
the place where the property lies, and where the court sits which is to decide the cause.
Vining
If there are two chattel mortgages executed covering the same personal properties,
with one being executed earlier, the mortgagee in possession of the property itself has priority
over the other mortgagee, despite the fact that the chattel mortgage of the latter was executed
prior to the one of the former.

Com. A prohibition in a statute of one state that restricts the right of a person to marry has no extra-
territorial effect. The Law that should govern is the law of the District, where the marriage took
place
Njus v Rey. Co. Lex Loci Delicti governed this case of torts. The state of Iowa as interpreted by its Supreme
Court was applied in this case because that is where the injury occurred.
 Erickson A right of action for wrongful death is governed by the law of the place where the tort which
caused the death was committed.
Burnett When the contract is made in one state or country to be performed in another state or country,
its validity and effect are to be determined by the laws of the place of performance.
Lehigh Valley Lehigh valley has two classes of transportation. Class One: Trip is within the state only and
does not pass through another state. Class two: Tip is within the state but passes through
another state. For Class Two, the State may only impose tax on the proportion of the travel
that was within the state. The portion of the travel that passed through another state is not
taxable of the state that created the corporation.
La Bourgogne It was settled in that a foreign ship is entitled to obtain in the courts of the United States the
benefit of the law for the limitation of liability of shipowners. But if a collision occurs on the high
seas, where the law of no particular state has exclusive force, but all are equal, any forum
called upon to settle the rights of the parties would, prima facie, determine them by its own
law, as presumptively expressing the rules of justice; but, if the contesting vessels belonged to
the same foreign nation, the court would assume that they were subject to the law of their
nation, carried under their common flag, and would determine the controversy accordingly. If
they belonged to different nations, having different laws, since it would be unjust to apply the
laws of either to the exclusion of the other, the law of the forum that is, the maritime law, as
received and practised therein would properly furnish the rule of decision. In all other cases
each nation will also administer justice according to its own laws. And it will do this without
respect to persons, to the stranger as well as to the citizen.

The law of France, which authorizes a recovery for loss of life against a vessel in fault, will be
enforced by the courts of the United States in a proceeding to limit liability for claims against a
French vessel found to be at fault for a collision in a fog on the high seas, although the French
courts, in applying to the facts found the international rule as to the speed of vessels in a fog,
might not have held such vessels to be at fault.
Armstrong
In order to assess the validity of the will, it was material that the law of France, the decedent's
domicil at the time of its execution, was to be brought before the court
Kraft Marck, resident of Baltimore died. Widow and 5 minor children moved to Pennsylvania. Mother
subsequently died. The Court of Pennsylvania appointed Wickey as guardian of the kids.
Subsequently Court of Baltimore appointed Kraft as guardian of the same children. The Court
ruled that since the administration of the estate of Marck was granted in Baltimore county, the
court of such county had express power conferred upon it to appoint a guardian to his minor
children. The legality and regularity of such appointment cannot be affected by the fact that a
guardian for the same children has been appointed by a court in another State. The
appointment of a guardian in another state has no extra-territorial operation, so as to oust the
court (Baltimore) of their jurisdiciton over the property of the minor children. In the end, Kraft is
to be the guardian of the properties of the kids in Baltimore (trustee), and Wickey is to be the
guardian of the persons of the kids (since he has custody of the kids). So Kraft for property,
Wickey for kids.
Noonan v. Bradley In the absence of a statute no suit can be maintained by an administrator in his official
capacity, except within the limits of the state from which he derives his authority. If he desires
to prosecute a suit in another state he must first obtain a grant of administration therein in
accordance with its laws.
Cox The general rule, is that the law of the place where the contract is made, and not where the
action is brought, is to govern the parties. The exception would be where the parties have a
view to its being executed elsewhere, in which case, it is to be governed according to the law
of the place where it is to be executed. There is nothing appearing on the face of this bond
indicating the place of its execution, nor is there any evidence in the case showing that fact. In
the absence of all proof on that point, it being an official bond taken in pursuance of an act of
Congress, it might well be assumed as having been executed at the seat of government.
Duncan A government official's bond conditioned for the performance of his duties must be considered
as having been executed at the seat of governmet of the United States, and is governed by
the common law and not by the lex loci contractus. A contract made with the government is, in
contemplation of law, executed at the seat of the government, and the lex loci contractus does
not affect it.
Noble v Thompson Oil Co. A foreign writ of attachmment over the property or person that is in another State can never be
brought within the State of the one issuing the foreign writ. Whatever judgement that is
rendered over a property or a person found in another state is invalid.
 The Rio Grande Jurisdiction of the res is obtained by a seizure under process of the court, whereby it is held to
abide such order as the court may make concerning it. The power to render the decree or
judgment which the court may undertake to make in the particular case depends upon the
nature and extent of the authority vested in it by law in regard to the subject-matter of the
cause. A valid seizure and actual control of the res by the marshal gives jurisdiction of the
subjectmatter, and that an accidental or fraudulent or improper removal of it from his custody,
or a delivery to the party upon security, does not destroy jurisdiction.
Pennoyer v. Neff Substituted service of summons through publication applies only to in rem actions where
property of defendant within the State may be attached by court process). Such substituted
service by publication does not apply to actions in personam and when defendant has no
property within the State which may be attached.
Rose v. Himely A power to seize objects is derived from the sovereign, and must be exercised within the limits
of sovereign power. The rights of war (i.e. seizure of wartime booty) may be exercised on the
high seas, because war is carried on upon the high seas and thus, any court may take
jurisdiction. However, during peacetime, sovereign rights may only be exercised within the
territory of the sovereign.
Mc Vicker When an action is brough to subject property within the state to the payment of a debt due
from a non resident, personal judgement cannot be given for a balance unpaid
Speed The legal situs of personal property follows the domicile of the owner, and the law of the actual
situs protects the claims of creditors domiciled there, only against transfers by operation of
law; Therefore, a voluntary assignment made by the owner in Maryland who resided there,
passed the property in a claim in Pennsylvania to the assignee, and his right was not divested
by a foreign attachment issued in Pennsylvania subsequent to the assignment. The lex fori
controls the remedy with respect to the personal property, but the law of the domicile regulates
its transfer.
Ingraham the laws of a foreign country, is not admitted by the courts ex proprio vigore it is only admitted
ex comitate. The Courts especially cannot admit a law of a Foreign Country if such laws will be
prejudicial to our own citizens. and the law if it does exist, and is prejudicial to the citizens of
thes tate will mnot be admitted for the reasons that it will not serve the interest of justice nor
fulfill the concepts of comity.
Blake It is a general rule or fiction of law, that personal property is attached to the person of
the owner, and governed by the laws of the place of his domicile. But this rule is subject to
limitations and exceptions. One of these exceptions is the rule, that the lex rei sitæ regulates
the
legal remedy.
Cook v. Van Horn Property assigned by a foreign voluntary assignment, valid in the state where executed, and
taken into possession by the assignee, cannot thereafter be attached, within the state where it
is situated, by creditors of the assignors.
Holmes The lex rei sitae prevails against the law of the domicil, in regard to the rule of preferences.
Whenever a citizen of the country where the property is situated, has demand against the
owner of the property who is domiciled in another country, the property does not follow the
domicile of the owner, but where the properties are found.
Blachard v. Russell Lex loci contractus - Contracts are to be construed and interpreted according to the laws of
the State in which they are made, unless from their tenor it is perceived that they were entered
into with a view to the laws of some other State.
Cook v. Moffat Between several states, bankrupt laws, like those of foreign states, can have no effect in any
forum beyond their respective limits, unless by comity (i.e. cannot inflict laws on contracts and
persons not within her limits.) Thus, a contract made in New York is not affected by a
discharge of the debtor under the insolvent laws of Maryland, where the debtor resided,
although the insolvent law was passed antecedently to the contract (i.e. bankrupt laws of
states should not impair the obligation of contracts and cannot have effect on contracts made
before its enactment or beyond their territory.) Although the promisory notes purport to have
been made at Maryland, they were delivered in New York, in payment of goods purchased
there, and of course were payable there and governed by the laws of that place (i.e. lex loci
contractus is NY).
Weaton Copyright is essentially a right provided by statute upon registration and notice on the
instrument or document. These, however, presuppose a statute and cannot be claimed in
Pennsylvania based on common law in England. What is common law in England, is not
necessaily common law in Pennsylvania.
Smith A Person becomes the subject of the law of the state in whose territorial jurisdiction, they are
being, acting, or operating in, such that their relative rights and duties can be restricted by that
state.
Swift Federal courts exercising jurisdiction predicated upon the ground of diversity of citizenship
need not, in matters of general jurisprudence, apply the unwritten law of the state as declared
by its highest court. The federal court is free to exercise an independent judgment as to what
the common law of the state is, or should be.