The Luigi

Decision Date22 February 1916
Docket Number5.
Citation230 F. 493
PartiesTHE LUIGI.
CourtU.S. District Court — Eastern District of Pennsylvania

H. Alan Dawson, of Philadelphia, Pa., and Haight, Sandford & Smith of New York City, for libelant.

Francis Fisher Kane, U.S. Atty., of Philadelphia, Pa., for United States.

Francis Rawle and Joseph W. Henderson, both of Philadelphia, Pa., for Italian Embassy.

THOMPSON District Judge.

On October 26, 1915, Messrs. Figli di Luigi Dufour, of Genoa Italy, as owners of the Italian steamship Luigi, entered into a charter party with the Barnes-Ames Company of Duluth Minn for charter of the Luigi to carry wheat from New York Philadelphia, Baltimore, and Newport News to Italy or Sicily. On January 29, 1916, the charterers filed a libel for breach of charter party against the Luigi and against John Dufour and James Dufour, doing business as Figli di Luigi Dufour, of Genoa, Italy, praying process in rem and in personam. On the same day process was allowed and bond fixed at $125,000, available in either the action in rem or in personam or both.

An attachment having issued and the Luigi having been attached by the marshal, the amount of the bond, on petition of the libelants, was reduced to $60,000. While the Luigi was in the custody of the marshal, Francis Rawle, Esq., appeared in open court as amicus curiae and orally suggested to the court that, at the time the attachment was issued, the Luigi was under requisition by the Italian government and had proceeded to and was in the port of Philadelphia for the purpose of receiving and carrying a cargo of grain for the Italian government. Mr. Rawle called the attention of the court to an order of requisition from the royal consul general of Italy at Marseilles, dated December 24, 1915, to the captain of the Luigi, informing him that the steamship was requisitioned and at the disposition of the state, dating from the 23d of December, 1915, ordering the steamer to proceed to New York for a cargo of grain for the account of the Royal Ministry of Agriculture, Industry, and Commerce. Mr. Rawle, as amicus curiae, suggested the release of the Luigi as a public vessel in the service of the government of Italy.

The court was of the opinion that, inasmuch as the suggestion raised a question of international comity, it should come through official channels of the United States government. Thereafter, on February 15th, the master of the Luigi filed a claim intervening for the interest of Figli di Luigi Dufour, as owners, averring that he was in possession of the Luigi at the time of the attachment, that the persons above named are the true and bona fide owners of the steamship, and praying as master and bailee for the owners to be admitted to defend. Upon the same day bond was entered by the master, with surety, in the sum of $60,000, with the usual condition that the claimant and the owners fulfill and perform the judgment or decree which may be rendered in the premises, and pay the costs and charges, and providing that the bond should be available in the action in rem or in personam or both. On the same day the marshal made return that he had restored the steamship Luigi, and the master indorsed upon the return a receipt for the vessel.

It now appears by the suggestion of the United States attorney, at the instance of the Attorney General, and by the affidavits of the royal Italian consul and the master of the Luigi that, when the Luigi arrived at the port of Philadelphia she was and now is under requisition by the Italian government, and is now engaged in the business of that government for the carriage of a cargo of grain from Philadelphia to Italy for public use; that she is under the orders, direction, and control of the Italian government, through its consul and through her master under the order of requisition, and that she is now loaded with grain of the Italian government and is ready to sail. The above facts are brought to the attention of the court at the suggestion of the district attorney in accordance with...

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4 cases
  • Yokohama Specie Bank v. Chengting T. Wang
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 12, 1940
    ... ... Luigi, D.C., 230 F. 493. It is settled that a national vessel of a sovereign is not subject to the jurisdiction of the courts of the United States, and under proper circumstances is entitled to claim immunity. Berizzi Bros. v. Steamship Pesaro, 271 U.S. 562, 46 S.Ct. 611, 70 L.Ed. 1088. Appellant ... ...
  • THE UXMAL
    • United States
    • U.S. District Court — District of Massachusetts
    • August 11, 1941
    ... ... The Pesaro, supra; Compania Espanola de Navegacion Maritima, S. A., v. The Navemar et al., supra; The Luigi, D.C., 230 F. 493, 496, and these representations must be made by the foreign sovereign or its duly accredited representative, Ex parte Muir, 254 U.S. 522, 41 S.Ct. 185, 65 L.Ed. 383; The Gul Djemal, 264 U.S. 90, 44 S.Ct. 244, 68 L.Ed. 574; Compania Espanola de Navegacion Maritima, S. A., v. The ... ...
  • The Attualita
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • October 6, 1916
    ... ... Italian government, and was at the time of said attachment ... and is now in the service of the Italian government. ' ... The district attorney stated he was further directed to call ... the attention of the court in this connection to The Luigi ... (D.C.) 230 F. 493, and concluded by stating that 'in ... bringing this matter to the attention of the court the United ... States does not intervene as an interested party, nor do I ... appear either for the United States or for the Italian ... government, but I present the suggestion as ... ...
  • In re Spiller
    • United States
    • U.S. District Court — District of Massachusetts
    • March 9, 1916
1 books & journal articles
  • The "common-law regime" of foreign sovereign immunity: the actual possession rule in admiralty.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 44 No. 4, October 2011
    • October 1, 2011
    ...the Italian consul and ambassador stating that the vessel was immune because neither suggestion came from the State Department); The Luigi, 230 F. 493, 495 (E.D. Pa. 1916) ("[B]y suggestion of the United States attorney, at the instance of the Attorney General, and by the affidavits of the ......

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