Ktistakis v. The Liberian S.S. Star

WALTER E. HOFFMAN, District Judge.

The single question presented at this stage of the proceedings is whether, in the absence of a stipulation or agreement, a deposition de bene esse in admiralty may be taken in a foreign country before an officer of that country authorized to administer an oath. The question must be answered in the negative.

It has been held that a deposition de bene esse could not be taken in the Canal Zone, a possession of the United States but not a part thereof, under former § 639, Title 28 U.S.C. See: Huasteca Petroleum Co. v. United States, D.C.E.D.N.Y.1926, 14 F.2d 495.…