The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-11-06
OPINION OF THE COURT. BY JUDD, c. J

OPINION OF THE COURT, BY JUDD, c. ].
This action is assumpsit by Madame
Edna G.. TrOusseau, widow of the late
George =. TrOusseau, against his Ex-
ecutOrs upon a contract in writing,
made in 1882, signed by plaintiff in
Paris, France, on the 10th June, and
in Honolulu on the 18th July by O..
Trousseau, the decedent. The agree
ment is in the French language, of
which an English translation is fur
nished, as follows:
cit has been agreed and arranged as
follows between the undersigned, Mr..
George PHILIPPE Trousseau, living at
Honolulu, Sandwich Islands, Of the
one part, and Madame Edna Gene
We've, living at Paris, boulevard Haus-
mann, No. 81, having been married,
but now separated from the said
George TrOusseau, of the other part
ARTICLE
Monsieur TrOusseau admits as abso-
Iutely correct the account of the
claims and demands proved by Ma
dame TrOusseau, on the 18th Of March,
1882, which said account amounts to
the sum of one hundred and fifty
thousand, eight hundred and sixty
five francs and fifty centimes.
ARTICLE 2.
Monsieur Trousseau engages to pay
Immediately to the French Consul at
Honolulu, to the credit of Madame
Trousseau's account at Paris, sum
sufficient to form a capital of twenty
thousand francs, payable at Paris in
French money to Madame TrOusseau
upon her receipt for the same.
ARTICLES.
Monsieur Trousseau engages to pay
henceforth upon the same conditions
on the first day of January of each
year, and for the first time on the
lst day Of January, 1884, to the French
Consul at Honolulu, a sum sufficient
to form q capital of five thousand
francs, payable at Paris each year in
French money to Madame Trousseau
upon her receipt for the same.
This sum OF five thousand francs is
considered and regarded as interest on |
the capital of one hundred and thirty |
thousand eight hundred and sixty-five |
francs and fifty confines, which will |
remain due from Mons. Trousseau to |
Madame Trousseau after the payment |
Of the SUN Of twenty thousand francs, |
OF which mention has been made /
above.
Mons. TrOusseau engages, If his cir
cumstances allow him and "a soon as
they allow him, to discharge the total
amount of his debt to Madame TrOus-
seau, by paying over to her the capital
which will remain due to her:
As soou as this capital is reduced to
one hundred thousand francs, the an
nual sum of five thousand francs set
tied as above, will decrease in proper
ton as the total debt ia eXtinguished,
this annual sum of five thousand
francs commencing from this period
being considered "a the interest at the
legal rate in France, namely, five per
cent. of this capital of one hundred
thousand francs.
ARTICLE 4.
In case OF the death of Madame
TrOusSeau, Monsieur TrOusseau under
takes to perform the preceding oOliga-
tions on behalf of his two sons.
ARTICLE B.
II Monsieur Trousseau should leave ,
he undertakes to notify the
French Consul OF the place where he s
proposes to establish his new resi- {
dence.
ARTICLE 6. '
Upon these conditions and immedi- :
ately after the first payment to :
the French Consul at Honolulu of the
sum sufficient to form a capital OF ,
twenty thousand francs, payable at }
Paris in French money, Madame !,
Trousseau undertakes To discontinue !
forthwith the proceedings instituted :
by her against Mons. Trousseau at
and to withdraw the de- =
mand made by her before the court of !
,
ARTICLE Z. G
The present articles of agreement
should be performed in good faith OH 9
the part of both parties, and in the :
event of nOu-payment of any of the
sums above mentioned at the date
when il falls due, Madame TrOusseau
will be at liberty to renew the pro- I
ceedings upon the mere Information I
which shall have been given TO her by |
the French Consul at Honolulu, that