55 Vt. 39 | Vt. | 1883
The opinion of the court was delivered by
The questions in this case arise upon demurrer to the declaration. The defendants are husband and wife. The original declaration is in the common counts in assumpsit. Under them a recovery can be had for a joint ante-nuptial debt; it is therefore good upon demurrer.
The new count alleges an indebtedness contracted by Ellen, at Boston, in the State of Massachusetts, for merchandise, and while she was the wife of the defendant Henry; that under the laws of that State she had the legal capacity to contract said indebtedness, and to carry on business, afid to bind herself to the payment of such indebtedness ; and that in consideration of such indebtedness the defendants promised to pay the same ; it alleges a joint promise to pay an indebtedness contracted at the time of the promise by one of the promissors. The chief contention in this case is as to the liability of the defendant Ellen. The facts alleged are admitted by the demurrer. The count sets forth a contract valid where it was made ; and being valid there, it is by the general law of nations, held valid everywhere, by the tacit or implied consent of the parties. Story on Con. of L., sec. 242, (1). The validity and interpretation of contracts are governed by the laws of the country where they are made, Wilcox v. Hunt, 13 Pet. 378 ; but the remedy must be administered according to the lex fori; pursued by the means which the law points out where the action is brought. Story on Con. of L., chap. XIV. Contracts are not, proprio vigore, of any efficacy beyond the territory of the State where made ; the effect given them elsewhere is from comity, not of strict right. How far that comity ought to extend is left to the courts in the jurisdiction where the remedies are sought. It does not prevail where the contract is in violation of the laws, in that jurisdiction, of God, or nature, against good
Where the wife has the capacity to contract independently of her husband, he would not be liable by virtue of his marital relations upon contract entered into by her, but there is no reason why he cannot jointly contract with her in all cases where she has the capacity to contract, and as the new count alleges a promise by both defendants, based upon a valid consideration, viz., a sale of goods to the defendant Ellen, it is sufficient upon demurrer.
The judgment of the County Court is reversed, but at the request of the defendants the cause is remanded for them to answer over.