Judd v. Porter
Supreme Judicial Court of Maine
This was an action of debt on a judgment recovered in the State of New York ; and it came before the court upon a case stated by the parties, to this effect - Execution on the original judgment having been returned nulla bona, the defendant obtained; under the insolvent law of New York, passed in 1819, a regular discharge of his person from future imprisonment; both the parties being at that time, and at the time of making the original contract, citizens of that State.
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This was an action of debt on a judgment recovered in the State of New York ; and it came before the court upon a case stated by the parties, to this effect - Execution on the original judgment having been returned nulla bona, the defendant obtained; under the insolvent law of New York, passed in 1819, a regular discharge of his person from future imprisonment; both the parties being at that time, and at the time of making the original contract, citizens of that State. In the present suit the defendant was arrested, and gave bail; and the question submitted to the court was, whether the…
1Opinion of the Court
Parkis J.
delivered the opinion of the Court at the ensuing term in Kennebec.
The legal operation and effect of contracts are generally to be determined according to tile laws of the State or country in which they are made and to be executed ; not however as an act of comity or courtesy, as intimated m some of the books, but upon the general principle that every contract is to be construed and carried into effect according to the intention of the parties thereto, and they are presumed to contract with reference to the laws of the place where they reside, unless a different construction is…
2Cases cited7 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Mason v. HaileSupreme Court of the United States · 1827
- Depuy v. SwartNew York Supreme Court · 1829
- Hempstead v. ReedSupreme Court of Connecticut · 1827
- Green v. SarmientoU.S. Circuit Court for the District of Pennsylvania · 1810
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