De Pierres v. Thorn
The Superior Court of New York City
This is an appeal by the defendants from a judgment entered on the decision of Mr. Justice Boswobth, made upon the trial of the action before him without a jury.
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This is an appeal by the defendants from a judgment entered on the decision of Mr. Justice Boswobth, made upon the trial of the action before him without a jury. It was tried in May, 1857. The action was commenced by the service of a summons and complaint, on the 29th of October, 1855. It is brought by Etienne De Pierres and Jane Thorn De Pierres (husband and wife) against Herman Thorn and Jane Mary Thorn his wife, to compel the defendants to perform specifically, clauses of contract on their part contained in a written contract entered into on the 4th of J une, 1842, in Paris, (in France,)…
1Opinion of the Court
By the Court—Hoffman, J.
I. I shall first examine the case in regard to the defendant' Herman Thorn. The counsel has presented points upon his position under the contract, and as to the judgment'against him, separate from the case of his wife; and some distinct questions necessarily arise.
1. The execution of the instrument is sufficiently proven.
I am satisfied by the evidence, that everything necessary to authenticate it, by the law of France, was observed. Even if it is not the rule that-proof of the execution of an instrument suf*287ficient at- the place of execution, is sufficient where it is…
2Cases cited9 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
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