THE UNRECOGNIZED GOVERNMENT OR STATE IN ENGLISH AND AMERICAN LAW

Two years ago an American citizen who had been a resident of Mexico for many years died intestate in Mexico City. The widow was appointed administratrix by one of the Mexican civil courts. Finding among the papers a number of notes executed by an American corporation payable to the deceased, the administratrix began an action in New York to have whatever was due upon the notes paid to the estate. The corporation's attorneys moved for judgment on the pleadings, contending that an administratrix appointed by a Mexican court can maintain no action in courts of the United States so long as the executive of the United States declines to recognize the government functioning in Mexico.

The Supreme Court of New York granted this motion. Having procured letters of administration in New York, the widow then moved to amend her pleadings by dropping her status as administratrix appointed in Mexico and asserting the status acquired under New York law. On this motion the Supreme Court favored the widow, but on appeal to the Appellate Division the order was reversed and the widow's motion denied. The Appellate Division took the view that since the appointment in Mexico must be regarded in New York as a mere nullity there was nothing whatever to amend.