De Simone v. Transportes Maritimos Do Estado
Appellate Division of the Supreme Court of the State of New York
Motion for reargument of an appeal by the defendant, Transportes Marítimos Do Estado, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 31st day of May, 1921, sustaining plaintiff’s demurrer to each of the separate defenses contained in defendant’s answer.
1Opinion of the Court
Page, J.:
The inspiring cause of this motion is the fact that the United States Circuit Court of Appeals for the Second Circuit in a suit in admiralty, wherein the vessels libelled were in the possession and control of the above-named defendant, had dismissed the appeal and stated that “ The sovereign immunity can be waived and has been waived in this t ase.” Thereafter our decision (199 App. Div. 602) was called to the attention of that court, with the suggestion that our decision was ntit in harmony with theirs, whereupon the Circuit Court handed down an opinion (Tietjen & Lang Dry Dock Co.…
2Cases cited17 opinions
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Clark v. BarnardSupreme Court of the United States · 1883
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- Georgia v. Tennesssee Copper Co.Supreme Court of the United States · 1907
- New Hampshire v. LouisianaSupreme Court of the United States · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hannes v. Kingdom of Roumania Monopolies InstituteAppellate Division of the Supreme Court of the State of New York · 1940
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.District Court, S.D. New York · 1924
- Yager v. YagerAppellate Division of the Supreme Court of the State of New York · 1925
- Skolnick v. MartinAppellate Court of Illinois · 1964
- Telkes v. Hungarian National MuseumAppellate Division of the Supreme Court of the State of New York · 1942
2 more not listed; retrieve them via the Exa API.