Tracy v. Hernandez
The Superior Court of New York City
An action was brought by Gustav Amsinck and -Gustav H. Gossler against two defendants, as partners under the firm name of Hernandez & Tracy, upon an indorsement, in their firm name, of a bill of exchange. The summons was served upon the defendant Hernandez only, notwithstanding the other defendant, 'Tracy, resides in the city of New York.
Read the full summary
An action was brought by Gustav Amsinck and -Gustav H. Gossler against two defendants, as partners under the firm name of Hernandez & Tracy, upon an indorsement, in their firm name, of a bill of exchange. The summons was served upon the defendant Hernandez only, notwithstanding the other defendant, 'Tracy, resides in the city of New York. At the time of the commencement of the action, the «defendant Tracy was, and still is, the public minister of the Republic of Peru in the United States. Tracy-presented his petition to the court, setting forth these facts, and moved for a dismissal of the…
1Opinion of the Court
By the Court.—Van Vorst, J.
The courts of the United States have jurisdiction, exclusive of the courts *52of this State, of all suits or proceedings against ambassadors or other public ministers (U. S. Rev. Stat. §§ 687, 711, subd. 8).
Exemption from being sued in a State court cannot be renounced by a public minister, because it is not his personal privilege, but the right and privilege of the United States (Valerino v. Thompson, 7 N. Y. 576; Davis v. Packard, 7 Pet. 276 ; St. Luke’s Hospital v. Barclay, 3 Blatchf. 259). The difficulty is not overcome by an intentional omission to serve, as is…
2Cases cited4 opinions
- Davis v. PackardSupreme Court of the United States · 1833
- Griffin v. DominguezThe Superior Court of New York City · 1853
- Taaks v. SchmidtNew York Supreme Court · 1860
- St. Luke's Hospital v. BarclayU.S. Circuit Court for the District of Southern New York · 1855