United States v. New York & O. S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the New York & Oriental Steamship Company, Limited, against the United States. Decree for libelant, and respondent appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the New York & Oriental Steamship Company, Limited, against the United States. Decree for libelant, and respondent appeals. The bill was brought in the old Circuit Court under the Tucker Act to recover $1,199.42 unpaid balance of hire earned by the transportation of certain government stores from New York to Manila in 1902 on board the petitioner’s steamship Shimosa. The petition was filed on November 5, 1906, after long negotiations with the government for the payment of the claim.…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [11 The petition alleges that the petitioner is “a corporation duly organized and existing under and by virtue of the laws of the United Kingdom of Great Britain and Ireland.” A corporation is a citizen of the country or state by which it is incorporated, and it has its residence in such country or state and not elsewhere. In Shaw v. Quincy Mining Co. (1892) 145 U. S. 444, 450, 12 Sup. Ct. 935, 937 (36 L. Ed. 768), Mr. Justice Gray declared that:
“The legal existence, the home, the domicile, the habitat, the residence, the citizenship of the corporation can…
2Cases cited44 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Toland v. SpragueSupreme Court of the United States · 1838
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3Cited by29 opinions
- United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
- The Steel NavigatorCourt of Appeals for the Second Circuit · 1928
- Commissioner of Internal Revenue v. New York Trust Co.Court of Appeals for the Second Circuit · 1931
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