Legal Opinion
Compania Ron Bacardi, S.A. v. Bank of Nova Scotia
District Court, S.D. New York
Decided April 21, 1961PublishedCited by 8 opinions
1Opinion of the Court
PALMIERI, District Judge.
In this challenge to plaintiff’s capacity to bring suit, defendant relies upon the provision of Fed.R.Civ.P. 17(b), 28 U.S. C.A., that “the capacity of a corporation to sue or be sued shall be determined by the law under which it was organized.” Plaintiff was a Cuban corporation and, prior to the commencement of this action, the present Cuban government promulgated a nationalization law which purports to terminate plaintiff’s existence as a privately owned entity. 1 However, plaintiff’s directors, having resolved to continue the company’s life and activities, have…
2Cases cited9 opinions
- United States v. PinkSupreme Court of the United States · 1942
- Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947
- John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc.Court of Appeals for the Second Circuit · 1956
- Vladikavkazsky Railway Co. v. New York Trust Co.New York Court of Appeals · 1934
- Banco Nacional De Cuba v. SabbatinoDistrict Court, S.D. New York · 1961
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- F. PALICIO Y COMPANIA, SA v. BrushDistrict Court, S.D. New York · 1966
- F. & H.R. Farman-Farmaian Consulting Engineers Firm and Farough Farman-Farmaian v. Harza Engineering CompanyCourt of Appeals for the Seventh Circuit · 1989
- Maltina Corporation and Julio Blanco-Herrera v. Cawy Bottling Company, Inc.Court of Appeals for the Fifth Circuit · 1972
- Mann v. Compania Petrolera Trans-Cuba, S. A.New York Supreme Court · 1961
- Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
3 more not listed; retrieve them via the Exa API.