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. 1883 edition. Excerpt: ... trine seems however firmly established in the actual practice of modern nations without any such discrimination, too firmly perhaps to be shaken except by some legislative act abolishing it (a) 258. Contracts opposed to Morality.--The second class of excepted contracts comprehends those against good morals, or religion, or public rights.1 Such are contracts made in a foreign country for future illicit cohabitation and prostitution;2 contracts Marshall Ins. 59-61, 2ded. Mr. Chancellor Kent has also added his own high authority in favor of the rule of Pothier. He has observed: 'It is certainly matter of surprise and regret that in such countries as France, England, and the United States, distinguished for a correct and enlightened administration of justice, smuggling voyages, made on purpose to elude the laws and seduce the subjects of foreign states, should be countenanced and even encouraged by the courts of justice. The principle does no credit to the commercial jurisprudence of the age.' 3 Kent Com. 268, 267. See also La Jeune Eugenie, 2 Mason, 459, 461. 1 1 Bell, Com. s. 232, p. 232-242, 4th ed.; Id. p. 297-314, 5th ed. 2 See 1 Selwyn's Nisi Prius, Assumpsit, p. 59, 60; Walker r. Perkins, 3 Burr. 1568; Greenwood v. Curtis, 6 Mass. 379; Binnington r. Wallis, 4 B. & A. 650; Lloyd r. Johnson, 1 B. & P. 340; Jones v. Randall, Cowp. 37; Appleton P. Campbell, 2 C. & P. 347; De Sobry r. De Laistre, 2 Harr. & J. (Md.) 193, (n) See also The Renaisance, 5 La. Ann. 25. A contract which has for its object or which contemplates any act prohibited by express statute in the state where the act is done, or which incurs a penalty there, is as much illegal and void as if the statute in express terms so declared. Davidson c. Lanier, 4 Wall. 447. Hence a...