Takemura & Company v. the SS Tsuneshima Maru

LEVET, District Judge.

Libellant, a Japanese corporation, moves for an order overruling respondent’s exceptions to the libel herein and requiring respondent’s answer to the libel to be filed within 20 days thereafter. In opposing this motion, respondent, likewise a Japanese corporation, requests that the libel be dismissed without prejudice to the commencement by the libel-lant of an action in the courts of Japan.

This is a libel to recover for alleged fire and breakage damage sustained by a shipment of rayon fabric, consigned to libellant, during its transportation from New York to Yokohama,…