32 Conn. 246 | Conn. | 1864
It appears from the record in .this case, that Hubbard & Dayton of Greenwich, in this state, who were
If this sale had taken place in Connecticut, we should have found it difficult, if not impossible,to distinguish this case from the case of Webster v. Peck, 31 Conn., 495. We are not dis posed to depart at all from the salutary doctrine contained in that case, and we think it is a matter of regret that the same rule has not been uniformly adopted in all as it has been in some of the other states. But this sale was made in New York, and we think the contract must be governed in its con
It has been strongly urged that the lex loci contractus does not apply to such a case as this; that that doctrine is only applicable where the construction or validity of a contract, considered by itself, is in question ; but that the point made here is, whether proof of facts occurring after the contract is complete can be admitted, and what effect is to be given to such evidence;—that this question is one which each court must determine for itself, to regulate its own action, and that for this purpose the same rules should in all cases be adopted, without reference to the locality of the transaction. It must be acknowledged that this presentation of the question has much plausibility, but we think it ought not to prevail. The principle which lies at the foundation of the lex loci, applies with full force to such a case as this. That principle is, that men ought to be safe from civil loss, and from criminal liability, if they conform to the law of the place where their acts are done. An act to be punishable as an offence must be a crime where it is performed. A person who is about to enter into a contract ought to have an opportunity to take legal advice. This privilege he would be in a great measure deprived of, unless he .can apply to members of the legal profession in the place where the contract is to be made, and they would naturally instruct him in that law with which they are familiar. If the plaintiff in the present case had sought for legal aid, he would have consulted counsellors of the city of New York, and their advice would have corresponded with the decision of the superior court. The lex loci is peculiarly applicable to cases
Another ground taken by the defendants was, that the sale was void as against creditors, under the provisions of the insolvent law of this state. The court found as a fact that Hubbard & Dayton made the sale with a view to insolvency, and to prevent the vessel from being attached by their creditors, but that the plaintiff bought the vessel in good faith, without knowledge of their intent.
We are again relieved from an examination of this question by the fact that the sale was made in New York. The case of Mead v. Dayton, 28 Conn., 33, is decisive that such a sale is not affected by the provisions of our insolvent law.
Lastly, it was contended, that as it appears that the registry of the vessel was made by the plaintiff in the district of New
We do not advise a new trial.
In this opinion the other judges concurred.