Republic of Turkey v. Zadeh
| Decision Date | 11 June 1953 |
| Citation | 112 F. Supp. 933 |
| Parties | REPUBLIC OF TURKEY v. ZADEH et al. THE YOZGAT. |
| Court | U.S. District Court — Southern District of New York |
Landsman & Levin, New York City, for libelant.
Harry Torczyner, New York City, for respondent.
Libelant moved for an order pursuant to Admiralty Rule XXIII of this court, permitting libelant to make a withdrawal from cash deposited in the registry of this court by the cargo claimant. Respondent countered with a plea in abatement. Consideration of the motion for leave to withdraw cash from the registry of the court has therefore been postponed until determination of the plea in abatement.
Turning to the plea in abatement, the respondent Zadeh makes two points, first, that the cause of action is no longer vested in libelant and, second, that the court has no jurisdiction over the funds deposited in the registry of the court.
The action is one for freight brought by the alleged owner of the steamship Yozgat against the charterer Zadeh in personam and against the cargo in rem. The cargo claimant deposited the freight in the registry of the court so that the substantial controversy is between the owner, or its assignee, and the charterer. Respondent's point that libelant is not the owner of the cause of action is based upon his claim that the Yozgat was at one time owned by the organization named in the title as Devlet Denizyollari ve Limanlari Isletme Genel Mudurlugu, hereinafter referred to as Denizyollari, but that on February 2, 1952, Denizyollari, which he claims was a corporation was abolished and all of its assets and causes of action were transferred "for the benefit of a private joint stock corporation known as Denizcilik Bankasi or for the benefit of corporations which Denizcilik Bankasi was authorized to create" and that all causes of action involving the Yozgat were thereafter transferred to the Turkish Maritime Lines, a corporation formed by Denizcilik Bankasi. In support of this, respondent (a) submits an opinion of a Turkish lawyer dated September 11, 1951, that Denizyollari "is considered in its relations with third persons as a private company and is a juridical personality distinguished from the state", (b) cites a decree of the Turkish Council of Ministers which is alleged to have abolished Denizyollari and (c) submits a copy of an extract from the British weekly shipping journal "Fair Play" of Thursday, March 12, 1953, which refers to the Yozgat as a vessel of the Turkish Maritime Lines.
In opposition, libelant submits a statement from the Turkish Ambassador to the Secretary of State, dated September 6, 1951, stating that on that date the Yozgat was the property of the Republic of Turkey and was then operated and controlled by the Republic of Turkey. Long before respondent interposed his plea in abatement libelant's counsel had asked respondent's counsel for consent to the substitution of Denizcilik Bankasi as libelant and now moves for its addition as a party libelant.
On the record in this case, it seems to me to make little difference whether Denizyollari was a mere department of the Republic of Turkey or a separate corporation. Respondent and libelant agree that whatever was vested in Denizyollari became vested in Denizcilik Bankasi.
The only claim of respondent as to the ownership of the cause of action that raises any difficulty is the claim that it has passed from Denizcilik Bankasi to the Turkish Maritime Lines. While respondent's counsel alleges this on information and belief the only source and ground that he sets forth for that information and belief is the extract from Fair Play above referred to which deals only with the ship itself. There is no claim that Denizcilik Bankasi has gone out of existence or that there is any conflict of interest between it and the Turkish Maritime Lines. Indeed respondent claims no more...
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