Contracts. Procurement of Breach

F. L. B.
1912 University of Pennsylvania Law Review and American Law Register  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. osition that the "proper law" to determine the validity of stipulations in an insurance contract, is the law of the place where the contract was made.12 These decisions have all turned on the point that the contract was consummated where the statute was in force, and that the law of the place of making was the "proper law" to apply. Mr. Minor gives as a reason for this, the fact that performance of such a contract, that is, the payment of money due thereon, "will never be illegal."13 This explanation, however, does not seem sound. The conditions under which the money is to be paid determine the legality of the payment. The question is one having to do with performance of the contract and the very one arising in the principal case. Is there a promise on the part of the company to perform under the circumstances, or is an exception to its general promise to pay to be implied where the death is by legal execution in which case the company is discharged of all obligation and there is performance in law? It is submitted that under the rules as applied to contracts in general the question should be decided by the law of the place of performance. In the principal case the place of making and the place of performance being Virginia, the result would be the same under either law, but the language used is misleading. Having decided the "proper law" to be the law of the place of making, the place of making under the facts was undoubtedly Virginia. Wherever there is an express stipulation in the contract that it shall not take effect until payment of the first premium and the premium does not accompany the application, but the company sends the policy to its own agent, who delivers the same to the insured upon receipt of the first premium, from the latter, the contract will be deemed to have been made in the state where the policy was so delivered and the premium paid.14 E. H. B., Jr.
doi:10.2307/3313242 fatcat:upltnqzyfzhofk66eovhbpkxti