Johnston v. Compagnie Generale Transatlantique
Citation and Court
242 N.Y. 381 (1926), New York Court of Appeals
Facts
Johnston obtained a judgment in a French court against the French shipping company, Compagnie Generale Transatlantique. Johnston then sued in New York to enforce the French judgment. The shipping company challenged recognition, arguing the French court’s procedure or jurisdiction was defective.
Issue
Whether a New York court should recognize and enforce a final judgment rendered by a French court.
Holding
The French judgment was recognized and enforced in New York on the basis of comity, as the French court had jurisdiction, its proceedings afforded due process, and there was no reason to deny recognition.
Rule / Doctrine
Under the comity doctrine, New York courts will recognize and enforce foreign country judgments where the rendering court had jurisdiction, the judgment was final, and its recognition does not offend New York’s public policy or principles of natural justice.
Significance
Johnston is a foundational New York case establishing the comity-based framework for foreign judgment recognition, which was later codified in the Uniform Foreign Money-Judgments Recognition Act. It reflects the traditional approach of enforcing foreign judgments absent fraud, lack of jurisdiction, or public policy violations.