Mumford v. Canty

Citations

• 50 Ill. 370

Syllabus

<p>1, Conflict of laws—by what law a contract will be governed. As a general rule, the validity of a contract is to be governed by the law of the place where it is made, so that contracts made in other States will be enforced in this State, although not conforming to our laws, if they are in accordance with the laws of the State where they were executed, and do not contravene the positive laws, institutions or policy, which prohibit such contracts in this State.</p> <p>2. It is not opposed to the policy of this State to enforce contracts made in another State, where they are not based upon an immoral or criminal consideration.</p> <p>3. So, where personal property was mortgaged in the State of Missouri, and permitted to remain with the mortgagor after the maturity of the debt to secure which the mortgage was given, and upon being subsequently brought into this State was seized under an attachment in favor of a bona fide creditor of the mortgagor, the rights of the mortgagee as against such creditor will be determined by the law of Missouri; and as by the law of Missouri the possession of the property by the mortgagor after the maturity of the debt is not per se fraudulent as to the creditor, but may be shown to be bona fide , that rule will govern the rights of the mortgagee on his claiming the property, notwithstanding, under our law, such possession in the mortgagor would be fraudulent per se as to creditors.</p>