Commentaries on the Conflict of Laws, Foreign and Domestic; In Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divor

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ... more regionis, ubi contractum est, constituitur, says the Digest1 Thus, a note made in Canada, where interest is six per cent., payable with interest in England, where it is five per cent., bears English interest only2. Loans made in a place bear the interest of that place, unless they are payable elsewhere5. And, if payable in a foreign country, they may bear any rate of interest not exceeding that which is lawful by the laws of that country4. And on this account a contract for a loan made and payable in a foreign country, may stipulate for interest higher than that allowed at home5. If the contract for interest be illegal there, it will be illegal every where'. But if it be legal where it is made, it will be of universal obligation, even in places where a lower interest is prescribed by law2. and makes a contract. As the contract was made in England, although it was to be executed in Scotland, I think it ought to be regulated according to the roles of the English law. This is my present opinion. These questions of international law do not often occur." And he refused interest, because it was not allowed by the law of England. The Court afterwards ordered interest to be given, upon the ground that the balance of such an account would carry interest in England. But Lord Chief Justice Best rightly expounded the contract as an English contract, though there is a slight inaccuracy in his language. So far as the principal was concerned, the contract to pay the commission was to be paid in England. The services of the agent were to be performed in Scotland; but the whole contract was not to be executed exclusively there by both parties. A contract made to pay money in England for services performed abroad, is an English contract, and will...