Sicard v. Whale

New York Supreme Court

Sicard v. Whale

11 Johns. 194

CourtNew York Supreme Court

DecidedMay 15, 1814

StatusPublished

Cited by10 cases

This text of 11 Johns. 194 (Sicard v. Whale) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sicard v. Whale, 11 Johns. 194 (N.Y. Super. Ct. 1814).

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Opinion

Thompson, Ch. J.

It is impossible to distinguish this case from that of Smith v. Spinolla. That case was decided on a sound principle, that if a foreign creditor pursues his debtor here, he is entitled to the remedy provided by our own laws. We look oniy to the course of proceedings established in our own courts. The lex loci contractus is not applicable on this motion. When the cause comes to issue, and the discharge is pleaded, it will be time enough to consider of its effect.

Per Curiam.

Motion denied.

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Thompson, Ch. J.

It is impossible to distinguish this case from that of Smith v. Spinolla. That case was decided on a sound principle, that if a foreign creditor pursues his debtor here, he is entitled to the remedy provided by our own laws. We look oniy to the course of proceedings established in our own courts. The lex loci contractus is not applicable on this motion. When the cause comes to issue, and the discharge is pleaded, it will be time enough to consider of its effect.

Per Curiam.

Motion denied.

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Bluebook (online)

11 Johns. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sicard-v-whale-nysupct-1814.

Opinion

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