Leary vs.

Gledhill
8 NJ 260, 84 A 2d 725 (1951)

FACTS:
Both Leary and Gledhill are acquainted in the military and one of their correspondence
resulted to Learly purchasing $1,000 worth of stock. Respondent invited Leary to France,
where the former told the latter that he needed $4,000 and he could already raise
$2,000, but needed Leary's help to raise the $4,000. When Petitioner returned to
Germany, He sent respondent $1,500. Now, petitioner filed a case against respondent in
New Jersey for the return of the money.

ISSUE: Whether or not the New Jersey law or the France law applies

RULING:
NEW JERSEY law applies. Since France law cannot apply automatically without proving
the law, the Trial Court presumed that the law of France in common with that of other
civilized countries recognizes a liability to make repayment. In this case, the forum law
applies when parties fail to prove the foreign law.