Ferussac v. Thorn
New York Supreme Court
In Equity. The daughter of the defendants was married to the plaintiff, the Baron de Ferussac, in Paris, on the 26th of August, 1845. Prior to the solemnization of the marriage, an antenuptial contract was entered into, whereby the defendants settled on the plaintiffs 20,000 francs a year, payable quarterly in advance from the day of the marriage.
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In Equity. The daughter of the defendants was married to the plaintiff, the Baron de Ferussac, in Paris, on the 26th of August, 1845. Prior to the solemnization of the marriage, an antenuptial contract was entered into, whereby the defendants settled on the plaintiffs 20,000 francs a year, payable quarterly in advance from the day of the marriage. And it was agreed that a legacy of £5000 sterling, which was payable to the daughter on her attaining the age of 21, should be a part of the marriage portion; and after its payment to the baron, an interest thereon at the rate of 7 per cent a year…
1Opinion of the CourtEdmonds, J.
A final decree having been entered, on the bill taken as confessed in this suit, the case is precisely within the rule laid down in Wells v. Cruger, (5 Paige, 164;) and the answer of the defendants was required to be exhibited in order that I might be satisfied as to the nature of the defence, and the sufficiency of the answer.
The nature of the defence is that the contract sought to be enforced is different from that agreed upon between the parties in the first instance. To make that available, it must also appear that the spurious was substituted for the real contract, through mistake or…
2Cases cited1 opinion
- Wells v. CrugerNew York Court of Chancery · 1835
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