 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...  A Selection of Cases on the Conflict of Laws - Page 465by Joseph Henry Beale - 1901Full view - About this book
 | New York (State). Supreme Court of Judicature, New York (State). Supreme Court, George Caines - 1804 - 640 pages
...general one, as NEW-YORK, given by Lord Mansfield, ibid 258, is, that the law of the place where the the action is brought, is to be considered, in expounding and enforcing the contract. To the same effect is Duplein v. De Koven, 2 Vern, 540. In 2 Kaimes, 35.3. ed. 3. it is, on this subject... | |
 | Scotland. Commissary Court (Edinburgh), James Fergusson - 1817 - 490 pages
...John Bland's case. " The general rule" (said his Lordship), " established ex comitate et jure gentium, is, that the " place where the contract is made, and not where action " is brought, is to be considered in expounding and en" forcing the contract. But this rule... | |
 | William Gifford, Sir John Taylor Coleridge, John Gibson Lockhart, Whitwell Elwin, William Macpherson, William Smith, Sir John Murray (IV), Rowland Edmund Prothero (Baron Ernle) - 1821 - 596 pages
...reason — although the common rule be, that ' the place where the contract is made, and not where action is brought, is to be considered in expounding and enforcing the contract,' — ' this rule admits of an exception where the parties at the time of making the contract had a view... | |
 | William Gifford, Sir John Taylor Coleridge, John Gibson Lockhart, Whitwell Elwin, William Macpherson, Sir William Smith, Rowland Edmund Prothero Baron Ernle, George Walter Prothero - 1821 - 612 pages
...reason — although the common rule be, that ' the place where the contract is made, and not where action is brought, is to be considered in expounding and enforcing the contract,' — ' this rule admits of an exception where the parties at the time of making the contract had a view... | |
 | Great Britain. Courts, Sir William Blackstone - 1828 - 594 pages
...a contract to be jure gentium is, that the place where the contract is made, ™ ns o 'j| e ^ d in and not where the action is brought, is to be considered in nnfe°TthT|ar- expounding and enforcing the contract. But this rule admits [ *259 ] *of an exception,... | |
 | Sir William Blackstone - 1828 - 604 pages
...considered in unk°sTthe par- expounding and enforcing the contract. But this rule admits [ * 259 ] * of an exception, where the parties (at the time of making the ties have a view contract) had a view to a different kingdom. Huberus says, to another king- f rgE... | |
 | 1866 - 932 pages
...the case of Robinson v. Bland (4), said, " The general rule established ex comitate et jure gentium, is that the place where the contract is made, and...exception, where the parties at the time of making had a view to a different kingdom," and here at the time of (4) 1 W. Black. 258. indorsement it was... | |
 | 1838 - 486 pages
...foreign law. [The CHIEF JUDGE. — This is laid down by Lord Mansfield in Robinson v. filand (4) ; but this rule admits of an exception, where the parties,...the contract, had a view to a different kingdom.] Suppose a contract were made in England, to pay interest in India at 61. per cent., would that contract... | |
 | 1832 - 512 pages
...Dick v . The U. States, 6 Peters, 172. 2. The general rule of law is well settled, that the law of the place where the contract is made, and not where the action is brought, is to govern in enforcing and expounding the contract ; unless the parties have a view to its being executed... | |
 | Great Britain, Great Britain. Courts - 1832 - 578 pages
...John Eland's case. "The general rule" (said his Lordship), established ex comitate et jure gentium, is, that the place where the contract is made, and not where action is brought, is to be considered in expounding and enforcing the contract. But this rule admits... | |
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