Legal Opinion

New York & Cuba Mail Steamship Co. v. Republic of Korea

District Court, S.D. New York

Decided July 13, 1955PublishedCited by 20 opinions

1Opinion of the Court

WEINFELD, District Judge.

On filing this suit in admiralty to recover for damages sustained by libellant’s steamship, process in personam with writ of foreign attachment issued 1 pursuant to which respondent’s funds on deposit in New York banks were attached.

The respondent, Republic of Korea, appearing specially, moves to vacate the attachment and to dismiss the libel on the ground that as a recognized sovereign and independent state it is immune from suit.

The libel alleges that on April 18, 1951 libellant’s ship, The Virginia City Victory, which had unloaded a cargo of rice at the port of…

2Cases cited7 opinions

  1. Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
  2. Ex Parte Republic of PeruSupreme Court of the United States · 1943
  3. National City Bank of NY v. Republic of ChinaSupreme Court of the United States · 1955
  4. Republic of Mexico v. HoffmanSupreme Court of the United States · 1945
  5. Berizzi Brothers Co. v. SS PesaroSupreme Court of the United States · 1926

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Victory Transport Incorporated, Owner of the S.S. Hudson v. Comisaria General De Abastecimientos Y Transportes, Voyage Charterer of thes.s. HudsonCourt of Appeals for the Second Circuit · 1964
  2. Stephens v. National Distillers & Chemical Corp.Court of Appeals for the Second Circuit · 1995
  3. United States Ex Rel. Casanova v. FitzpatrickDistrict Court, S.D. New York · 1963
  4. Aerotrade, Inc. v. Republic of HaitiDistrict Court, S.D. New York · 1974
  5. E-Systems, Inc. v. Islamic Republic of IranDistrict Court, N.D. Texas · 1980

15 more not listed; retrieve them via the Exa API.

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