Legal Opinion

Frank v. Hirsh

District of Columbia Court of Appeals

Decided June 8, 1894No. 305Published

Hearing on a bill of exceptions by the plaintiff in an action of debt. The Court in its opinion stated the case as follows: By a statute of the State of New York, enacted in i860, a married woman may contract with respect to her separate estate, carry on a trade or business, and perform labor and services on her sole and separate account, and the earnings therefrom shall be her separate property, and may be invested in her own name.

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Hearing on a bill of exceptions by the plaintiff in an action of debt. The Court in its opinion stated the case as follows: By a statute of the State of New York, enacted in i860, a married woman may contract with respect to her separate estate, carry on a trade or business, and perform labor and services on her sole and separate account, and the earnings therefrom shall be her separate property, and may be invested in her own name. This statute is more liberal than the act of Congress regulating the property rights of married women in the District of Columbia, under which it has been held…

1Opinion of the CourtJustice Shepard

The law of the forum unquestionably governs the form of the action, the manner of enforcing the right and, in fact, all matters affecting the remedy. At the same time it is equally true that the interpretation and validity of contracts, save in exceptional cases not necessary now to be considered, are to be determined by the law of the place where the contract is made. It is hardly necessary to cite authority for these propositions. Bank v. Donnally, 8 Pet., 361 ; Wilcox v. Hunt, 13 Pet., 378 ; Scudder v. Bank, 91 U. S., 406; Pritchard v. Norton, 106 U. S., 124.

For example, if this were…

2Cases cited9 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Scudder v. Union National BankSupreme Court of the United States · 1875
  3. Bank of the United States v. DonnallySupreme Court of the United States · 1834
  4. Westervelt v. . GreggNew York Court of Appeals · 1854
  5. The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839

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