Sohonten v. France & Canada Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Goshi Kaisha Yamamoto Sohonten, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of March, 1921, granting defendant’s motion for the issuance of a commission and letters rogatory for the examination of witnesses in Japan.
1Opinion of the Court
Page, J.:
The steamship Kageshima Maru, a vessel owned by the Government Iron Foundry of Japan, was chartered to the plaintiff by a contract of custody from the year 1913 to the year 1919. This contract of custody provided for the insurance of the vessel for the benefit of the iron foundry as against ordinary marine losses, and provided in article 9 that in the event that the plaintiff should fail, “ due to the ship’s loss, stranding or any other calamity, to return the vessel and fittings, * * * the Iron Foundry may withhold the insurance money.” And it further provided:
“ Art. 10. In the…
2Cases cited1 opinion
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
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