Legal Opinion

Smith v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 6 opinions

APPEAL from the Circuit Court for Rook County. This action was founded upon claims against the defendant and in favor of the plaintiff, which arose in 1856, and the nature of which will appear from the decision upon a former appeal herein, reported in 18 Wis. pp. 17-21, and 19 id. 326-33-The defendant answered by various allegations designed to show that it had never been liable by reason of any facts alleged in the complaint.

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APPEAL from the Circuit Court for Rook County. This action was founded upon claims against the defendant and in favor of the plaintiff, which arose in 1856, and the nature of which will appear from the decision upon a former appeal herein, reported in 18 Wis. pp. 17-21, and 19 id. 326-33-The defendant answered by various allegations designed to show that it had never been liable by reason of any facts alleged in the complaint. It was shown by the evidence on the present trial, and found as a fact by the court, that on the 10th of January, 1857, plaintiff signed, sealed and delivered to one…

1Opinion of the Court

Dm®, C. J.

Tbe general principle is fully and unequivocally settled, that personal property is transferable according to tbe law of tbe country where tbe .owner, is domiciled, or where tbe transfer is made. Such transfer, therefore, good by the law of tbe owner’s domicil, or by tbe law of the place where made, is good everywhere, and will be respected by tbe tribunals of every state or country where tbe. same may be brought in question. To this general principle there are some exceptions. Tbe acts or contracts of parties, though valid where made, will not be recognized in other countries when…

2Cited by6 opinions

  1. Gilman v. KetchamWisconsin Supreme Court · 1893
  2. Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
  3. Gates v. Northern Pacific RailroadWisconsin Supreme Court · 1885
  4. Northwestern Mutual Life Insurance v. AdamsWisconsin Supreme Court · 1914
  5. Union Savings Bank & Trust Co. v. Indianapolis Lounge Co.Indiana Court of Appeals · 1897

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