 | Law - 1834 - 522 pages
...those doctrines which appear to be recognised and settled in the jurisprudence of the common law. ' Generally speaking, the validity of a contract is...nations, jure gentium, held valid every where, by tacit or implied consent. The rule is founded, not merely in the convenience, but in the necessities... | |
 | Robert Walsh - American literature - 1835 - 568 pages
...subject to the legislative authority, as matter of public police and regulation. foreign Contracts. Generally speaking, the validity of a contract is...valid there, it is, by the general law of nations, gine gentium, held valid every where, by tacit or implied consent. 2. The same rule applies vice versa... | |
 | Law - 1836 - 596 pages
...given the following correct result of them, with respect to the validity of foreign contracts. — " Generally speaking, the validity of a contract is...nations, jure gentium, held valid every where, by tacit or implied consent. The rule is founded, not merely in the convenience, but in the necessities... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - Law reports, digests, etc - 1842 - 666 pages
...divided in opinion and the authorities nearly balanced. Judge Story in his conflict of laws says, " generally speaking the validity of a contract is to...every where, by the tacit or implied consent of the parties." The same rule has been Contmets >r« . . . to be decided by well established in our jurisprudence;... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...contract has been made, is a most material consideration in its construction. Generally its validity is to be decided by the law of' the place where it is made ; if valid there, it is considered valid every where. 2 Mass. R. 88; 1 Pet.'R. 317 ; Story, Conn, of Laws, § 242; 4 Cowen's... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...his theory, than the argument presented by the majority. Continuing, Judge STORY says : (sec. 242,) "Generally speaking, the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country." This contract (the payment of the money... | |
 | Joseph Story - Bills of exchange - 1847 - 704 pages
...work, before he could possess himself of the main elements, belonging to this invalidity of contracts. Generally speaking, the validity of a contract is...the general law of nations, jure gentium, held valid everywhere, by the tacit or implied consent of the parties.1 The rule is founded, not merely in the... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...innumerahilm." 1 hut. Lib. 1, tit. 2, see 2. The first proposition we assert is this — as a general rule the validity of a contract is to be decided by the...if valid there, it is by the general law of nations held valid every where, by the tacit or implied consent of the parties. Story'* Convict of Laws, sec.... | |
 | John Jane Smith Wharton - Law - 1848 - 726 pages
...Generally »peaking, the validity of a contract is decided by the law of the place where it is made. It valid there, it is, by the general law of nations (jure gentium}, held valid everywhere, by the tacit or implied consent of the partis. The rule is founded, not merely in the convenience,... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1849 - 814 pages
...it maybe said that the validity of a contract is to be decided by tho law of the place where it was made ; if valid there, it is by the general law of nations held valid every where ; and this is expressly sanctioned by our law. Codo of Practice, art. 13. If,... | |
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Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance... 
