Ashcraft-Wilkinson Co. v. COMPANIA DE NAVEGACION, ETC.
| Decision Date | 05 November 1953 |
| Citation | 117 F. Supp. 162 |
| Parties | ASHCRAFT-WILKINSON CO. v. COMPANIA DE NAVEGACION GEAMAR, S.R.L. |
| Court | U.S. District Court — Southern District of New York |
Dow & Symmers, New York City, for respondent.
Hill, Rivkins, Middleton, Louis & Warburton, New York City, for libelant.
Respondent moves "for an order vacating and setting aside the service of the citation herein and dismissing the libel on the grounds that respondent was and is not conducting business within this district so as to permit service of citation upon Dichmann, Wright & Pugh, Inc., as agent and the further ground that Dichmann, Wright & Pugh, Inc., was not and is not a managing agent, general agent or employee of respondent".
The libel alleges a claim, by libelant, a Georgia corporation, for damage to cargo shipped from Bremen to Baltimore, Savannah and Gulfport, against the S. S. General San Martin, the vessel upon which the claimed damage occurred, in rem, and against respondent, the owner of the vessel, an Argentine corporation in personam.
The marshal's return certifies service upon respondent "by delivering to and leaving a copy of the citation with E. Meyer, Claims Dept. of Dichman sic, Wright & Pugh, Inc., as Agents".
The moving and answering papers on this motion establish that the vessel never called at the port of New York while under respondent's ownership, and that Dichmann, Wright & Pugh, Inc., which maintains offices as "steamship agents and brokers" in Norfolk, Baltimore, Philadelphia and New York, rendered no service to respondent within the State and County of New York but did act as "general agent" for the vessel in Baltimore on the voyage in question.
The president of Dichmann, Wright & Pugh, Inc., testified by deposition that his company "handled the vessel" and "arranged the entrance of the vessel in the customs, berthing her at a dock and * * * arranging for the discharge of the cargo" and for towing to berth her as "part of an agent's normal activity" in Baltimore.
The question posed is: assuming these activities by Dichmann, Wright & Pugh, Inc., on respondent's behalf in Baltimore, sufficient to constitute the former a managing or general agent of the latter in that port, for the service of process there on respondent, does the maintenance by such agent of an office in New York make Dichmann, Wright & Pugh, Inc., a managing or general agent of respondent in New York upon whom valid service of process upon respondent may here be effected? I...
To continue reading
Request your trial
-
Stanga v. McCormick Shipping Corporation, 17491.
...decisions are urged by McCormick to sustain the District Court's holding of invalid service: Ashcraft-Wilkinson Co. v. Compania De Navegacion Geamar, S.R. L., D.C.S.D.N.Y.1953, 117 F.Supp. 162; Gertsenstein v. Peninsular & Oriental Steam Navigation Co., 1950, 202 Misc. 838, 113 N.Y.S.2d 360......
-
Scott v. Middle East Airlines Co., SA
...or * * * any other agent authorized by appointment or by law to receive service of process.' Ashcraft-Wilkinson Co. v. Compania De Navegacion Geamar, S. R. L., 117 F.Supp. 162, 164 (S.D.N.Y.1953); Patel Cotton Co. v. Steel Traveler, 107 F.Supp. 191, 193 (S.D.N.Y.1952); 2 Benedict, Admiralty......
-
United States v. Cia. Naviera Continental SA
...in admiralty, as to service, they are substantially the same as the admiralty practice. Ashcraft-Wilkinson Co. v. Compania De Navegacion Geamar, S.R.L., D.C.S.D.N.Y.1953, 117 F.Supp. 162, 164; Patel Cotton Co. v. Steel Traveler, D.C.S.D.N.Y.1952, 107 F. Supp. 191, 193; 2 Benedict, Admiralty......
-
Seawind Compania, SA v. Crescent Line, Inc.
...or * * * any other agent authorized by appointment or by law to receive service of process." Ashcraft-Wilkinson Co. v. Compania De Navegacion Geamar, S.R.L., 117 F.Supp. 162, 164 (S.D.N.Y.1953); Patel Cotton Co. v. Steel Traveler, 107 F.Supp. 191, 193 (S.D.N.Y.1952); 2 Benedict, Admiralty §......