Legal Opinion

Franco v. Standard Marine Insurance

City of New York Municipal Court

Decided April 16, 1959Published

1Opinion of the CourtJohn A. Byrnes, J.

The transaction in suit was entered into between two foreign corporations and was in no way related to this jurisdiction. Although it is true that the doctrine of forum non conveniens would probably not be applicable (cf. Wagner v. Braunsberg, 5 A D 2d 564), nevertheless I consider that there is here a burden upon foreign commerce. It is to be noted that in the Wagner case the contract upon which the action was based went so far as to purport to confer jurisdiction upon the courts of New York. A shipment from Hong Kong to Venezuela and *623a loss which apparently occurred in Venezuela should not…

2Cases cited3 opinions

  1. Schlesinger v. Italian LineAppellate Division of the Supreme Court of the State of New York · 1951
  2. Schlesinger v. Italian Line, "Italia" Societa Anonima di Navigazione of GenoaNew York Court of Appeals · 1952
  3. Atlantic Mutual Insurance v. N. V. Stoomvaart MaatschappijCity of New York Municipal Court · 1955

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