Cases on the conflict of laws : selected from decisions of English and American courts . th the notice in this case, and relieves the plaintifffrom any error or liability as a common carrier after the transporta-tion of the freight within the accustomed time, a deposit of it in a placeof safety, and the holding of it there ready for delivery, on deutand.(Italics ours). Remembering that, as to delivery, the defendant aswell as plaintiffs were bound by the lawsortlie^sta;te of Georgia, wlierethe delivery was had, we can see no error on the part of the circuitjudge, for it is in keeping with the
Cases on the conflict of laws : selected from decisions of English and American courts . th the notice in this case, and relieves the plaintifffrom any error or liability as a common carrier after the transporta-tion of the freight within the accustomed time, a deposit of it in a placeof safety, and the holding of it there ready for delivery, on deutand.(Italics ours). Remembering that, as to delivery, the defendant aswell as plaintiffs were bound by the lawsortlie^sta;te of Georgia, wlierethe delivery was had, we can see no error on the part of the circuitjudge, for it is in keeping with the requirements of the laws of Georgiaon this subject. This ground of appeal is dismissed. * * * 2As to where the place of performance in general is deemed to be, see Minor,Conflict of Laws. 377, 378; Grant v. Ilealey, Fed. Cas. No. 5,696 (1839). Com-pare Ballister v. Hamilton, 3 La. Ann. 401 (1848). 3 The facts have been taken from the opinion and have been slightlyabridged. * Only so much of the opinion is given as relates to the law governingdelivery. 344 PARTICULAR SUBJECTS. (Part 2. BENNERS V. CLEMENS. (Supreme Court of Pennsylvauia, 18G8. 58 Pa. 24.) This was an amicable action of assumpsit to December term, 1866,in which John Clemens was plaintiff and Isaac R. Benners, survivor ofthe firm of Isaac R. Benners & Co., defendant. The claim was for abalance due by defendant on an invoice of fruit, contracted for in Eng-land and shipped to defendant to New York. The whole amount ofthe shipment was $2,, which was reduced to $ by quercit-ron bark shipped to plaintiff. The plaintiff claimed to recover this bal-ance at gold prices with interest from December 17, 1863. The onlyquestion in the case was whether it was to be paid on that basis. The verdict was .for $1,, the whole amount of the plaintiffsclaim. The defendant took a writ of error. Thompson, C. J. The debt sued for was a debt contracted in Eng-land, or rather the balance of a debt contracted and partially
Size: 1288px × 1940px
Photo credit: © The Reading Room / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bo, bookcentury1900, bookdecade1900, bookidcasesonconflicto00lore