Green v. Sarmiento
U.S. Circuit Court for the District of Pennsylvania
This was an action of debt, brought on a judgment recovered in the mayor’s court of New York, in an action of assumpsit against the defendant and Maliony, as partners, on a contract stated to have been made at Madeira. Plea nil debet, and bankruptcy of defendant in 1S01, and a certificate of discharge at Teneriffe. By the New York record, it appears, that the capias ad respondendum, was executed upon the defendant, but not on Ma-hoi-y.
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This was an action of debt, brought on a judgment recovered in the mayor’s court of New York, in an action of assumpsit against the defendant and Maliony, as partners, on a contract stated to have been made at Madeira. Plea nil debet, and bankruptcy of defendant in 1S01, and a certificate of discharge at Teneriffe. By the New York record, it appears, that the capias ad respondendum, was executed upon the defendant, but not on Ma-hoi-y. The defendant entered an appearance by counsel, and, in 1793, pleaded non assump-sit. In 1796 he was called, and not appearing, a jury was impanelled to try…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). I shall consider the validity of the plea of bankruptcy, and discharge at Tene-riffe, first, in relation to the original debt, independent of the judgment on which this-action is founded; and secondly, as it may affect that judgment.
First, the rule is, that the law of the. country where a contract is made, is the law of the contract, wherever performance is demanded; and the same law which creates the charge, will be regarded, if it operate a discharge of the contract. The laws of one-country, can have in themselves no extraterritorial force, except so far as the comity of…
2Cited by11 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Owens v. BowieCourt of Appeals of Maryland · 1852
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Union & Planters' Bank of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1901
- United States v. Timothy Gordon FaasseCourt of Appeals for the Sixth Circuit · 2000
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