Atlantic Mutual Insurance v. N. V. Stoomvaart Maatschappij

The motion under rule 107 of the Rules of Civil Practice is granted and the complaint is dismissed. Judgment of dismissal may be entered accordingly. The court declines jurisdiction of this action involving loss of cargo or baggage delivered to the defendant in Amsterdam, Holland, for transportation to a port in the Republic of Indonesia. Although the plaintiff is a New York corporation it is merely the subrogee. The party originally injured, plaintiff’s insured, is not a New York corporation but an Ohio corporation. This is stated in the briefs of both parties and is therefore to be taken as…