Wm. H. Muller & Co., Inc. v. Swedish American Line Ltd. And Transatlantic Steamship Company, Ltd.

HINCKS, Circuit Judge.

Appellant, Wm. H. Muller & Co., a New York corporation, was the con signee of a shipment of 1,000 bags of cocoa beans which were being transported by appellees, of Gothenburg, Sweden, from Gothenburg to Philadelphia, aboard appellees’ vessel, the “Oklahoma.” The “Oklahoma” was lost at sea.

Appellant filed a libel in the United States District Court for the Southern District of New York to recover for the loss of its cargo. The District Court granted appellees’ motion to decline jurisdiction and dismissed the libel on the ground that on the showing made he should give…