Note and Comment

Authors

Ralph W. Aigler, University of Michigan Law School
Wilson W. Mills
Sidney E. Doyle
Joseph J. Kennedy

Abstract

The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive term denoting that when the transaction involves a conflict of laws, the judge of the forum shall take into account not the particular law of the situs to which the le.x fori refers the transaction, but the rules of private international law prevailing in that country, without regard to the particular law which may be deemed to control in the end. For example, suppose a citizen of New York, formerly a resident of that State, dies domiciled in Italy having personal property in New York, and suppose that a question arises in the New York courts with respect to. the distribution of the property. By the law of the forum, the rule has been adopted that the law of the domicile of the deceased at the time of his death shall govern the distribution of his personal estate. Hence distribution must be determined by the Italian law. But what is meant by Italian law?

Recommended Citation

Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle & Joseph J. Kennedy, Note and Comment, 11 Mich. L. Rev. 236 (1913).
Available at: https://repository.law.umich.edu/mlr/vol11/iss3/3