Union Bank of Georgetown v. Smith
U.S. Circuit Court for the District of District of Columbia
The case agreed, states that “ Samuel Robertson, a native of the State of Maryland, a purser in the navy of the United States, and as such, purser for several years before his death, stationed and domiciled at Norfolk, in the State of Virginia, died in the year 182 , at Bedford, in Pennsylvania, insolvent, and indebted to the plaintiffs residing in the District of Columbia, on simple contract entered into there, which debt still remains due and unpaid; and also died,…
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The case agreed, states that “ Samuel Robertson, a native of the State of Maryland, a purser in the navy of the United States, and as such, purser for several years before his death, stationed and domiciled at Norfolk, in the State of Virginia, died in the year 182 , at Bedford, in Pennsylvania, insolvent, and indebted to the plaintiffs residing in the District of Columbia, on simple contract entered into there, which debt still remains due and unpaid; and also died, indebted to one Thompson, residing in Virginia, upon a specialty executed there, in a sum exceeding the whole amount of assets…
1Opinion of the CourtCeanoi-i, C. J.
If I understand the argument in support of this defence, it is this: Every contract is to be expounded, and to have effect, according to the law of the place where, or'in reference to which, the contract was made. By the law of Virginia where this specialty contract with Thompson was made, it is entitled to priority of payment out of the effects of the deceased debtor. That those effects are to be administered according to-the law of the place of domicil of the debtor at the time of his death, although found in a jurisdiction where a different rule of administration prevails. That as all the…
2Cases cited8 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Holmes v. RemsenNew York Court of Chancery · 1820
- Fenwick v. Sears's AdministratorsSupreme Court of the United States · 1803
- Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
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3Cited by7 opinions
- The William BagaleySupreme Court of the United States · 1867
- Young v. KellarSupreme Court of Missouri · 1887
- Averill v. SmithSupreme Court of the United States · 1873
- The William BagaleySupreme Court of the United States · 1866
- Wagner v. CommissionerUnited States Board of Tax Appeals · 1927
2 more not listed; retrieve them via the Exa API.