Fidelity Trust Co. of New York v. United States Shipping Board Emergency Fleet Corporation

• Decision Date: 10 November 1926
• Citation: 15 F.2d 600
• Parties: FIDELITY TRUST CO. OF NEW YORK et al. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION. SUZUKI CO., Limited, et al. v. SAME. SHINDO v. SAME.
• Court: U.S. District Court — Southern District of New York

15 F.2d 600 (1926)

FIDELITY TRUST CO. OF NEW YORK et al. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

SUZUKI CO., Limited, et al. v. SAME.

SHINDO v. SAME.

District Court, S. D. New York.

November 10, 1926.

Forrest E. Single, of New York City, for libelants.

Emory R. Buckner, U. S. Atty., and Walter Schaffner, Sp. Asst. U. S. Atty., both of New York City, for respondent.

WINSLOW, District Judge.

The respondent, appearing specially in the above actions, moves to quash the citation and the return thereon, on the ground that they are insufficient in law to give this court jurisdiction over the person of this respondent, or the subject-matter of the libel herein. The libelant made counter motions to strike from the files, in whole or in part, various affidavits and copies of resolutions presented by the respondent on its motion, and objected to the hearing of the motion to quash.

The respondent appeared specially, for the purpose of the motion only, contesting the jurisdiction of the court, and for no other purpose. On final submission of the motions, the libelants have withdrawn the objections to consideration of the motion to quash. There, therefore, remains for the court only respondent's motions to quash on the ground of lack of jurisdiction.

These libels were filed to recover for cargo damage and cargo delay for shipments on the steamship Niawa, of which, it is alleged, the respondent, United States Shipping Board Emergency Fleet Corporation, was at the time in possession and the owner pro hac vice. The cargo was shipped in the months of June, July, and August, 1920. Citation was issued and served in August-September, 1926, upon one of the district officers of the respondent within this district; respondent being a corporation organized under the laws of the District of Columbia, by the United States Shipping Board, pursuant to law. All of the capital stock of respondent is owned by the United States and its representatives. It appears from the record that since July, 1921, the steamship Niawa, on which these goods were shipped, has been within the territorial waters of the United States and of the Eastern District of Pennsylvania.

The question for the court to determine is whether the Suits in Admiralty Act (Comp. St. § 1251¼-1251¼l) provides an exclusive method of litigating the issues raised by these libels against this respondent. If the Suits in Admiralty Act is exclusive, the actions are barred by the two-year statute of limitation. Comp. St. § 1251¼d. The Suits in Admiralty Act also provides for service of copy of the libel on the United...