Smith_Everard_ConflictofLaws_1948

This Book Belongs to Everard H. Smith Jr. 400 Monroe Lane Apt. 3B. Class of 48 Law Conflicts of Law

This page is blank

This page is blank

1

(Read 24 pages- 1st case. Pennoyer v. Neff Average 20 pages ahead) Different from most causes because here the laws themselves are different in each state. Contract made in N.Y. to be performed in VA by two parties domiciled is Mich. & Md. {to be} which contract laws should be used. Always fix the place first. If every thing happens in Va. there can be no conflict question. Bibliography. Story— published first conflict book in England. Subject most important in U.S. because of the many different states. Minor— published book in 1901— good on domicile. He had theory that every thing was based on situs. Good theory but out of date now. Beale wrote the Re—statement. Lorenzen disagrees violently. Beale has his own ideas on conflict and all are not right. Bus. man in N.Y. receives offer from Conn. Lawyer checks on laws in N.Y. & Conn. Client accepts the letter but mails it in N.J. Beale says the place of making contract governs. ∴ the laws of N.J. govern and possibly contract would be void. Would be better not to take a general rule verbatim.

2

First case came before Eng. court was 1308. Eng. held that foreign element was involved and refused to take jurisdiction. It wasn't until 1920 that a conflict was {stated} ajudicated. Wouldn't do to have all states governed by their own rules. This would lend to confusion & injure commerce. Does place of suit make any difference.