Industrial Y Frutera Colombiana, S. A. v. the Brisk

STRUM, Circuit Judge.

Appellant libeled the motor vessel “Brisk” in the court below to recover the value of a cargo of bananas, the property of libellant, lost by spoilage due to the leaky condition of said vessel while being transported from the Republic of Columbia to New York City.

The trial court declined jurisdiction and dismissed the libel because all parties to the controversy are foreign nationals, libellant being a Columbian corporation, the claimant a Danish partnership. This appeal is from that order.

When libeled, the vessel was in the territorial jurisdiction of the trial court,…