New Jersey Law Reports Volume 4

New Jersey Law Reports Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1819 edition. Excerpt: as the act of an tional objections. It is admitted by the counsel that we have no decision in any of our sister states, upon a case exactly similar to the present, and that the decisions which seem to embrace the principle are diflerent in different states. In our own state the only case in which the question has been at all agitated, is that of Hale v. Ross, or, as I have it in my notes, Hall v. Ross, decided in May term 1811, and reported in Penn. 807. There the contract was in Pennsylvania, where both parties then lived; the discharge was in New-Yorlc, under a law of the state of New-York, and the action was in New-Jersey. Judge Pennington in delivering his opinion in this case, seems to rely upon what he calls a maxim, found in the writings of one Huberus, a civilian of pretty ancient date; which maxim, as he cites it, is to this effect. " That by the courtesy of nations, whatever laws are carried into execution within the limits of any government, are considered' as having the same effect every where, so far as they do not occasion a prejudice to the rights of other govemments or their citizens." In the application of this maxim, he admits that the" courts of Pennsylvania might see cause to disregard this law of the state of New-York, under which this discharge was made, because it had done an injury to one of her citizens by absolving his debtor from the obligation of paying his debt. But then he does not admit that it would be correct in the courts in NewJersey to do the same thing, and to disregard it also, because whatever injury it might have done to a citizen of Pennsylvania, it had done none 'to the government of N ew-Jersey, nor to any citizen thereof. And upon this ground, out of comity to the state...
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Product details

  • Paperback | 146 pages
  • 189 x 246 x 8mm | 272g
  • United States
  • English
  • black & white illustrations
  • 1236865448
  • 9781236865441