Legal Opinion
Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.
District Court, S.D. New York
Decided July 15, 1924PublishedCited by 12 opinions
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). If the immunity of a foreign sovereign from suit depended merely upon the fact that he was such a sovereign, or if the immunity of his agent depended merely upon his agency, the issue tendered by the replication would be good, barring some possible waiver by earlier conduct in the cause. But if the immunity depends, not alone upon that, but upon its assertion, then the issue becomes immaterial, until some one authorized to assert the sovereign’s privilege comes into court and does so.
In the case at bar the plaintiff is a corporation, and as such prima facie…
2Cases cited12 opinions
- Sloan Shipyards Corp. v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1922
- Ex Parte MuirSupreme Court of the United States · 1921
- The PesaroSupreme Court of the United States · 1921
- The AnneSupreme Court of the United States · 1818
- The Sao VicenteSupreme Court of the United States · 1922
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Victory Transport Incorporated, Owner of the S.S. Hudson v. Comisaria General De Abastecimientos Y Transportes, Voyage Charterer of thes.s. HudsonCourt of Appeals for the Second Circuit · 1964
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- Peterson v. Islamic Republic of IranCourt of Appeals for the Ninth Circuit · 2010
- Dexter & Carpenter, Inc. v. Kunglig JarnvagsstyrelsenCourt of Appeals for the Second Circuit · 1930
- Puente v. Spanish Nat. StateCourt of Appeals for the Second Circuit · 1940
7 more not listed; retrieve them via the Exa API.