The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1895-11-08
OPINION OF THE COURT, BY JUDD, C. J.

contract made with him.
OPINION OF THE COURT, BY JUDD, C.
This action is assumpsit by Madame
Edna @. Trousseau, widow of the late
George z. Trousseau, against his EX
ecutorI 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 G.
Trousseau, the decedent. The agree
ment is in the FreGcn language, OF
which an English translation is fur
nished, as follows:
at has been agreed and arranged a.
follows between the undersigned, Mr..
George PHILIPPE Trousseau, living at
Honolulu, Sandwich Island-, 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 l.
Monsieur TrOusseau admits as abso-
lutely correct the account of the
claims and demands proved by Ma
dame Troussesu, on the llth of March,
1882, which said account amounts to
the sum of one hundred and fifty
thousand, eight hundred and sixty
five francs ana fifty centimes.
ARTICLE
Monsieur Trousseau engages 20 pay
Immediately to the French Consul at
Honolulu, to the credit of Madame
Trousseau's account at Paris, sum
sufficient 10 form a capital of twenty
thousand fraucs, payable at Paris in
French money to Madame Trousseau
upon her receipt for the same.
ARTICLES.
Monsieur Trousseau engages to pay
henceforth upon tie 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 a 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 centimes, which will
remain due from Mons. Trou-seau 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 as soon as
they allow him, to discharge the total
amount of his debt 10 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 propor-
tion as the total debt is extiuguished,
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 rousseau under
takes TO perform the preceding obliga-
tions on behalf of his two sons.
ARTICLE 5.
If Monsieur TrOusseau should leave
Honolulu, he undertakes to hotify the
French Consul of the place where he
proposes to establish his new resi-
dence.
ARTICLE 6.
TO-, ,l,o,o .o,,l;,;,,,,- 81 ;,,,.,.l;
ately after the first payment TO
sthe 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 10 discontinue
forthwith the proceedings instituted
by her against Mons. Troussesu at
Honolulu, and to withdraw the de-
mand made by her before the court of
Hawaii.
ARTICLE Z.
The present articles of agreement
should be performed in good faith Oh
the part of both parties, aud iu the
event Of non-pay yment of any of the
sums above mentioned at the date
when il falls due, Madame Trousseau
WA bN oN AApCiNS W lNhC" Vic RlO-
ceedings upon the mere Information
which shall have been given to her by |
the French Consul at Honolulu, that
the sum OF money has not been paid |
at the date when il fell due.
This agreement is made IN three |
originals, one for Mons. Trousseau,
the second for Nine. Trousseau, and |
tine third for the Bureau of the French |
Consulate at Honolu u.
AT Paris, the tenth day of June, A |
d. 1852, for Nine. Trousseau, and at |
Honolulu the thirteenth day of July, |
1852, for Mons. Trousseau
In approval of the foregoing instru.
ment. .Sgd) E TRoUssEAU,
nee Vaunois.
In approval of the foregoing instru-
ment. (Sgd.) g TRoUssEAU."
The bill of particulars claims,
amount of principal due and unpaid
as per the agreement executed by de-
fendant July l3, 1SS2-S26, l73 and
interest on the said sum from lst