Cases on the conflict of laws : selected from decisions of English and American courts . Story. Confl. Laws, §§ 620, 621; Ror. Int. St. Law, 148, 165; OgdenV. Folliot, 3 Term R. 733; Scoville v. Canfield, 14 Johns. 338, 7 467; First Nat. Bank of Plymouth v. Price, 33 Md. 487, 3 204; Demcksonjy, Sniith^^^ J. Law, 166 ; Barnes v. Whitaker,22 111. 606; ShermarTv. Gassett, 9 111. 521; Henrv v. Sargeant, 13 321, 40 Am. Dec. 146; Slack v. Gibbs, 14 Vt. 357. Actions for the recovery of a penalty or forfeiture, given by laws ofone state upon usurious contracts made and entered int
Cases on the conflict of laws : selected from decisions of English and American courts . Story. Confl. Laws, §§ 620, 621; Ror. Int. St. Law, 148, 165; OgdenV. Folliot, 3 Term R. 733; Scoville v. Canfield, 14 Johns. 338, 7 467; First Nat. Bank of Plymouth v. Price, 33 Md. 487, 3 204; Demcksonjy, Sniith^^^ J. Law, 166 ; Barnes v. Whitaker,22 111. 606; ShermarTv. Gassett, 9 111. 521; Henrv v. Sargeant, 13 321, 40 Am. Dec. 146; Slack v. Gibbs, 14 Vt. 357. Actions for the recovery of a penalty or forfeiture, given by laws ofone state upon usurious contracts made and entered into in such state,will not lie in another state. Such laws are held to be penal in theirnature, and governed by the general rule that they have no extra-territorial force, and can be enforced only by the courts of the statein which they are enacted. Ror. Int. St. Law, 165; Barnes v. Whit-aker, 22 111. 606; Sherman v. Gassett, 9 111. 521. The judgment of the county court sustaining the demurrer, and ad-judging the declaration insufficient, was correct, and is affirmed. —3. yM±:^li^^s^ 34 GENERAL PROVISIONS. (Part 1 1jo/^*^(^ ARNOLD V. POTTER. (Supreme Court of Iowa, 1867. 22 Iowa, 194.) ^ Ir ^ Wright^ J.^ * * * What was the contract between these par- ^^ll>*^^^ ^ ties was a question for the jury to determine. Appellant denies the ^^^ r^^_*^p(l. * position assumed by appellee, and insists that this was a contract made yf^ ^S^^^ in Massachusetts, payalile in New York, and that there was no agree- y/JJt^ g^^i^y-C^^ ment beyond what appears upon the face of the notes; and assuming (y^\^Ayf^^J that the contract might be governed by the law of Massachusetts, the g i^ /^^^ ^ appellee asked and the court gave this instruction: This court will X^^^^^jT tA/r^^Or\. enforce the penal statute of another state relating to usury, when w ^^\^Ai^ J^ t^^^^ statute does not make the contract wholly void; and, therefore, the \M- jXr^ statute of Massachusetts is not to be considered
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