Woodward v. Brooks

Citations

• 128 Ill. 222
• 3 L.R.A. 702

Syllabus

<p>1. Partnership-—death of one of the partners—retaining the old firm name.—effect upon estate of deceased partner. Where a partnership is dissolved by the death of a partner, the retention of the firm name by the survivor will create no liability on the estate of the deceased partner, and the survivor, by accepting a draft in the firm name, will make himself individually liable therefor.</p> <p>2. Contracts—by what law governed—as to their validity, etc.—and the remedy. As a general rule, the lex loci will govern in determining the validity of contracts, and in their interpretation and construction. It does not follow, however, that all contracts, valid when made, will be enforced by the courts of other States or jurisdictions. In respect of the time, mode and extent of the remedy, the lex.fori governs.</p> <p>3. Insolvent debtors—foreign assignment—how far enforcible here —as between for eign and domestic creditors. In the absence of domestic creditors, the assignee, under a valid foreign assignment of a debtor, may reduce to his possession the prop erty and collect the debts assigned to him, situated in this State ; and debtors here, owing the assignor and having no set-off, will be compelled to pay the assignee. But in case the foreign assignment, if made here, would be set aside as fraudulent, or as contrary to the policy of our laws, ora courts will not enforce it as against attaching creditors, whether foreign or domestic, although it may be valid in the State where made.</p> <p>4. Although a voluntary foreign assignment, valid in the State where made, is enforced in this State as a matter of comity, yet ora courts will not enforce it to the prejudice of ora own citizens, who may have demands against the assignor. It is contrary to the policy of our laws to allow the property of a non-resident debtor to be withdrawn from this State, and thus compel creditors here to seek redress in a jurisdiction; but for all other purposes, and between the citizens of the S