1 Johns. Cas. 139 | N.Y. Sup. Ct. | 1799
That personal contracts just in themselves and lawful in the place where they are made, are to be fully enforced according to the law of that place, and the intent of the parties, is a principle which ought to be universally received and supported. Butthip admission of the lex loci can have reference only to the nature and construction of the contract and its legal effect, and not to the mode of enforcing it; for every country must and will have modes of redress and judicial proceedings peculiar to its own jurisprudence, and is entitled to administer justice under the solémnity of its own forms. (2 Ersk. Inst. 473, 474, 475.. 1 Bro. P. C. 41. 1 Black. Rep. 237, 238, 258. 7 Term, 243. l Bos. & Pull. 142. 1 Emerigon, 122. Huberus, lib. 1 tit. 31. Harg. Co. Litt. lib. 2, n. 44.)
It follows that it is unnecessary to determine whether, under the general issue, the defendant could avail himself of a defence arising from the law of Connecticut. His objection to the-plaintiff ’s recovery is founded on the mode of redress only, and not on the merits of a just defence.
Judgment for the plaintiff.
Add Smith w Smith, 2 Johns. R. 235. Ruggles v. Keeler, 3 id. 263. Thomson v. Ketcham, 4 id. 285, 8 id. 188. Scoville v. Canfield, 14 id. 238. Van Rough v. Van Arsdale, 3 Caines’ R. 154, Whittemore, v. Adams, 2 Cowen, 626. Pearsall v. Dwight, 2 Mass. R. 84, Warder v, Arell, 2 Wash. C. C. R. 282, and cases cited in Van Reimsdyk v. Kane,. 1 Gallis. R. 371. That thp remedy upon a contract must be pursued according to the lex fori,