Loftus v. F. & M. N. Bank
Pennsylvania Court of Common Pleas, Philadelphia County
No. 324 January Term 1889, Sup. Ct.; court below, No. 438 December Term 1888, C. P. No. 4. On December 5, 1888, James S. Swartz brought assumpsit against the Farmers and Mechanics National Bank of Philadelphia.
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No. 324 January Term 1889, Sup. Ct.; court below, No. 438 December Term 1888, C. P. No. 4. On December 5, 1888, James S. Swartz brought assumpsit against the Farmers and Mechanics National Bank of Philadelphia. On January 5, 1889, by agreement the record was amended by substituting S. Josephine Loftus as plaintiff, and thereupon the following case was stated for the opinion of the court: The plaintiff is the owner of the following certificates of loan of the city of Philadelphia, viz.: Certificate of six per cent loan for $1,000, being “loan for the payment of liabilities of the city;…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The settled general rule is that the validity of a transfer of personal property is to be determined by the law of the domicile of the owner. And this is especially so in regard to the capacity to pass the title, in cases of infants, married women, or others who may be under legal disabilities, varying in different countries. “ A married woman’s capacity for the alien*111ation of movables depends in general upon the law of her domicile: ” Dicey on Domicile, Rule 38, p. 195. The defendant in error, though by birth a citizen of Pennsylvania, by her marriage lost her…
2Cases cited3 opinions
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Bacon, Baldwin & Co. v. Jos. Horne & Co.Supreme Court of Pennsylvania · 1889
- Smith's AppealSupreme Court of Pennsylvania · 1883
3Cited by8 opinions
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Underwood v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1946
- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1918
- In Re Circle Trading CorporationCourt of Appeals for the Second Circuit · 1928
- Stotesbury v. HuberDistrict Court, E.D. New York · 1916
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