Summary

Portrait of William R. Day William R. Day The Disconto Gesellschaft v. Umbreit…

Speaking of the doctrine of comity, Mr. Justice Story says: 'Every nation must be the final judge for itself, not only of the nature and extent of the duty, but of the occasions on which its exercise may be justly demanded.' Story, Confl. L. § 33.
The doctrine of comity has been the subject of frequent discussion in the courts of this country when it has been sought to assert rights accruing under assignments for the benefit of creditors in other states as against the demands of local creditors, by attachment or otherwise in the state where the property is situated.
Source: Wikisource

Portrait of William R. Day William R. Day The Disconto Gesellschaft v. Umbreit…

But what property may be removed from a state and subjected to the claims of creditors of other states is a matter of comity between nations and states, and not a matter of absolute right in favor of creditors of another sovereignty, when citizens of the local state or country are asserting rights against property within the local jurisdiction.
Source: Wikisource

Portrait of William R. Day William R. Day The Disconto Gesellschaft v. Umbreit…

The inhabitants of the respective countries are to be at liberty to sojourn and reside in all parts whatsoever of said territories in order to attend to their affairs, and they shall enjoy, to that effect, the same security and protection as the natives of the country wherein they reside, upon submission to the laws and ordinances there prevailing. It requires very great ingenuity to perceive anything in this treaty provision applicable to the present case. It is said to be found in the right of citizens of Prussia to attend to their affairs in this country.
Source: Wikisource

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