Cases on the conflict of laws : selected from decisions of English and American courts . ise their own judgment, even whentheir jurisdiction attaches only by reason of the citizenship of theparties, in an action at law of which the courts of the state have con-current jurisdiction, and upon a contract made and to be performedwithin the state. New York Cent. R. Co. v. Lockwood, 17 Wall. 357,3G8, 21 L. Ed. 627; Myrick v. Michigan Cent. R. Co., 107 U. S. 102,1 Sup. Ct. 425, 27 L. Ed. 325; Carpenter v. Providence WashingtonIns. Co., 16 Pet. 495, 511, 10 E. Ed. 1044; Swift v. Tyson, 16 , 10 L.
Cases on the conflict of laws : selected from decisions of English and American courts . ise their own judgment, even whentheir jurisdiction attaches only by reason of the citizenship of theparties, in an action at law of which the courts of the state have con-current jurisdiction, and upon a contract made and to be performedwithin the state. New York Cent. R. Co. v. Lockwood, 17 Wall. 357,3G8, 21 L. Ed. 627; Myrick v. Michigan Cent. R. Co., 107 U. S. 102,1 Sup. Ct. 425, 27 L. Ed. 325; Carpenter v. Providence WashingtonIns. Co., 16 Pet. 495, 511, 10 E. Ed. 1044; Swift v. Tyson, 16 , 10 L. Ed. 865; Brooklyn City & Newtown R. Co. v. National Bankof the Republic, 102 U. S. 14, 26 L. Ed. 61; Burgess v. Seligman,107 U. S. 20, 33, 2 Sup. Ct. 10, 27 L. Ed. 359; Smith v. Alabama, 124U. S. 465, 478, 8 Sup. Ct. 564, 31 L. Ed. 508; Bucher v. Chesire , 125 U. S. 555, 583, 8 Sup. Ct. 974, 31 L. Ed. 795. The decisionsof the state courts certainly cannot be allowed any greater weight inthe federal courts when exercising the admiralty and maritime juris- Ch. 2) diction exclusively vested in them by the Constitution of the UnitedStates. It was also argued in behalf of the appellant that the validity andeffect of this contract, to be performed principally upon the high seas,should be governed by the general maritime law, and that by that lawsuch stipulations are valid. To this argument there are two answers:First. There is not shown to be any such general maritime law. Theindustry of the learned counsel for the appellant has collected arti-cles of codes, decisions of courts, and opinions of commentators inFrance, Italy, Germany, and Holland, tending to show that, by thelaw administered in those countries, such a stipulation would be those decisions and opinions do not appear to have been basedon general maritime law, but largely, if not wholly, upon provisionsor omissions in the codes of the particular country, and it has beensaid by many jurists tha
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