National Tea Company v. The Marseille
| Decision Date | 22 June 1956 |
| Parties | NATIONAL TEA COMPANY, All-Brite Trading Corporation and Consolidated Foods Corporation, Libellants, v. THE MARSEILLE, her engines, tackle, etc. and Compagnie de Navigation Cyprien Fabre, Respondent. |
| Court | U.S. District Court — Southern District of New York |
Bigham, Englar, Jones & Houston, New York City, William F. Andersen, New York City, of counsel, for libellants.
Burlingham, Hupper & Kennedy, New York City, Elliott B. Nixon, Jr., New York City, of counsel, for respondent.
The respondent, Compagnie de Navigation Cyprien Fabre, moves to transfer this admiralty suit to the Eastern District of Louisiana pursuant to Title 28 U.S.C.A. § 1404(a), which provides:
"For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."
The libellants seek to recover in this suit for alleged damage to goods shipped on a French steamship from ports in the Mediterranean to New Orleans, Louisiana and Houston, Texas. The libellants are three foreign corporations, two of which are incorporated in California, whereas the third is incorporated in Illinois. It does not appear that any one of the three libellants has filed a certificate of doing business in the State of New York.
The respondent is a foreign corporation organized and existing under the laws of France. It has agents handling its affairs in New York, New Orleans and Houston and is subject to process in any of the aforementioned cities. It appears that the respondent's general agent is located in this district. The respondent also operates vessels which regularly dock in New York City, although respondent's counsel alleges in his affidavit that the steamship involved in this suit, to wit, the S.S. Marseille, has not called at New York since February, 1951.
It is also alleged in the moving affidavit that the respondent's witnesses, including the officers and crew of the S.S. Marseille, reside in, or are available at, New Orleans, Louisiana and Houston, Texas, and that it would be more convenient to obtain their testimony in New Orleans. However, the names and whereabouts of these witnesses are not included in the affidavit, nor is there any general showing as to what the respondent proposes to prove by such witnesses. The respondent's counsel also states that the relevant documentary evidence, including bills of lading, tally slips, stowage plan, log books, etc., are kept either at the offices of respondent's agents in New Orleans and Houston or on board the S.S. Marseille, and not in New York. Counsel for the libellants argues that it does not appear that the documentary evidence is available in New Orleans and has submitted annexed to his opposing affidavit a copy of a letter, dated February 8, 1955, signed by respondent...
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