The plaintiff raises the question to what law shall be applied in adj cating the issues in this case.
The defendant being an American citizen the forum is x court of the United States.
This follows the uniform rule that, in an extraterritorial jariediction, all disputes are referred for settlement to the court of the defendant's national-seventeen foreign governments. The right thos exercised by each government within (hinese territory rests upon substantially identical treaty pro-Each foreign power possensos jurisdiction over its own nationals and, each thos has ite forum.
Each country leo prescribes its own body of law to be administered in such forum. Tt is equally trae also that io the exercise of sach jariediction, China represents a territorial locus to each of said countries, to which the rights of property and person of its owncitizensrespectively mnatrelate to which they must be referred whenever disputes arise. In these respects each country stands upon exactly the same ground. In view of these conditions the court is unable to discern that there is any novel rale or principle which can be invoked in this court by reason by the fact that the existing controversy is in an extra ter torial court and that the two partie of different nationalities. The general principles determining the choice of law in aay controversy in every American court moat be the same. It may be that extraordinary difficulties will arise in determining the choice of law in a particular case in an extraterritorial court, Bat it is trae also thet liar, if not greater, difficulties may be met in a case in " home court, into which some foreign element infrad:
We know of no authority upon which any assumption can be based as to the intent of the parties respecting the law mich should settle their diepates, other than that fixed by the nationality of the defendant. The mere fact that one party was a member of a stock exchange through which he was dealing and to which the transections related and that such stock exchange was not ao American corporation, would afford no rational ground upon which to lustily a court in excluding its own laws from operation.
The fac that the Shanghai Stock Exchange is a Hongkong corporation
Text read from the printed page and cleaned; old type leaves the occasional error.