Smith v. Pinolla
New York Supreme Court
moved that an exoneretur should be entered on the bail-piece, filed in cause' rea^ affidavits stating that the plaintiff was a resident of the island of Madeira, and that the transacti°ns which had given rise to the present suit, took place in that island; that both parties are subjects of Portugal; that by the laws of that kingdom which extend-e(j to the island of Madeira, and were in force there, the bodv of a debtor could not be arrested or imprisoned by tlis creditor, •…
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moved that an exoneretur should be entered on the bail-piece, filed in cause' rea^ affidavits stating that the plaintiff was a resident of the island of Madeira, and that the transacti°ns which had given rise to the present suit, took place in that island; that both parties are subjects of Portugal; that by the laws of that kingdom which extend-e(j to the island of Madeira, and were in force there, the bodv of a debtor could not be arrested or imprisoned by tlis creditor, • either before or after judgment; that the only remedy was against the property, and not against the person of the debtor…
1Per curiam
In the case of Nash v. Tupper, it was laid down as a general principle’that the lex loci applies only to the interpretation of contracts, and that the remedy on them must bo prosecuted according to the laws of the country in which the action is brought. The decision of the court of C. B. in the case of Melan v. The Duke de Fitzjames was questioned by Lord Ellenborough, *200in the case of Imlay v. Ellefsen,* who considered the opinion of Mr. Justice Heath as the law, and the contrary doctrine was abandoned by the counsel. We adopt the principle contended for by Heath. If a foreign creditor pursues…
2Cited by13 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- Roots v. Mason City S. & M. Co.West Virginia Supreme Court · 1886
- Sayward v. Dexter, Horton & Co.Court of Appeals for the Ninth Circuit · 1896
- McCulloch v. JuddSupreme Court of Alabama · 1852
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