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5 Duer 643

Same v. Same

The Superior Court of New York City

Decided January 15, 1856

The Superior Court of New York City · decided 1856-01-15

<p>"When a responsible attorney appears for a party, the court will not ordinarily inquire into the fact whether he was actually authorized to appear or not.</p> <p>To warrant such an inquiry circumstances must be shown calculated to raise a suspicion of fraud, or of an attempt to impose upon the adverse party, or to abuse or pervert the process of the court.</p> <p>The mere fact that another action for the same cause has been brought in another state or country, furnishes no reason for the discontinuance of that previously commenced in this court.</p> <p>When the accredited minister of a foreign state declares that he is acting under the authority of his government, no court of justice, nor even the government to which he is accredited, can rightfully demand a copy of his instructions.</p>

Decided 1856-01-15

By the Court. Duer, J.

¶1We are all of opinion that the order from which this appeal is taken must be affirmed, with costs, and for the reasons that Mr. Justice Bosworth has clearly and fully stated. To those reasons we have only to add, that, to demand from the accredited minister of a foreign state, who declares that he is acting under the authority of his government, a copy of the instructions given to him, would be, in our judgment, to insult him and the government which he represents. When his character as a minister-plenipotentiary, received as such by our own government, is admitted or proved, we are bound to accept his declaration as conclusive proof of his authority. The instructions of such a minister are only for his personal direction. Hot even the government to which he is accredited can demand a copy or sight of them; and he violates his duty to his own government in making the communication without its direction or authority. (Manuel Diplomatique, ch. 2, § 16; Wheaton’s Internal. Law, vol. 1, p. 268, § 9.)

¶2The order appealed from is affirmed, with ten dollars costs to the plaintiff.

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