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Abstract

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the rendition of the judgment, he was appointed vice consul of Peru at Los Angeles. He urged, as an objection to the jurisdiction of the court to enter the judgment, the fact that he held a consular appointment from a foreign power, and as such was not suable in the state courts.

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