Legal Opinion

Thurston v. Rosenfield

Supreme Court of Missouri

Decided March 15, 1868PublishedCited by 15 opinions

Error to St. Louis Circuit Court. I. The real estate owned by Rosenfield, and situate in Missouri, •could only be conveyed according to the laws of Missouri. The •contract, it is true, was made in New York, but the property is in Missouri and under its peculiar and exclusive jurisdiction.

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Error to St. Louis Circuit Court. I. The real estate owned by Rosenfield, and situate in Missouri, •could only be conveyed according to the laws of Missouri. The •contract, it is true, was made in New York, but the property is in Missouri and under its peculiar and exclusive jurisdiction. Although, as a general proposition, a contract valid by the law o£ the place where it is made is valid everywhere, yet this is subject to many exceptions. 1. If the contract concern real property, the American will is firmly established that the lex rei sitse, and not that of the place of the contract, is to…

1Opinion of the CourtWagner, Judge

This was a bill in equity to marshal the assets of Isaac Rosenfield, an insolvent, who had assigned and transferred all his prop*479erty, both personal and real. Having failed in business in New York, he made a voluntary assignment of his effects, including certain real estate situated in the city of St. Louis, in which certain creditors were preferred. The parties were all residents of New York and New Jersey, and the assignment was valid by the laws of New York where it was executed, but would have been void if made in this State under our statute. The plaintiffs here have a judgment against…

2Cases cited3 opinions

  1. Guillander v. . HowellNew York Court of Appeals · 1866
  2. Bryan v. BrisbinSupreme Court of Missouri · 1858
  3. Einer v. BesteSupreme Court of Missouri · 1862

3Cited by15 opinions

  1. Summer v. MitchellSupreme Court of Florida · 1892
  2. Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890
  3. Hirschfeld v. McCullaghOregon Supreme Court · 1912
  4. Bethell v. BethellIndiana Supreme Court · 1876
  5. De Pass v. B. Harris Wool Co.Supreme Court of Missouri · 1940

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