THE NAVEMAR, 401.
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 90 F.2d 673 |
| Parties | THE NAVEMAR. |
| Docket Number | No. 401.,401. |
| Decision Date | 24 June 1937 |
90 F.2d 673 (1937)
THE NAVEMAR.
No. 401.
Circuit Court of Appeals, Second Circuit.
June 7, 1937.
On Reargument June 24, 1937.
Lynch, Hagen & Atkins, of New York City (Charles W. Hagen, Jesse L. Rosenberg, Henry C. Eidenbach, and John S. Bull, all of New York City, of counsel), for appellant Fernando de los Rios, Ambassador of Spain to the United States.
Bigham, Englar, Jones & Houston, of New York City (James W. Ryan and Catesby Jones, both of New York City, of counsel), for libelant-appellee.
Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.
MANTON, Circuit Judge.
The Compania Espanola de Navegacion Maritima, S. A., is a corporation organized and existing under the laws of Spain. On October 10, 1936, it was the owner and operator of the steamship Navemar which plied between Spain, New York, and ports in South America. On that date, while she was in the port of Buenos Aires, Argentine, a decree was issued by the Spanish government attaching the Navemar and declaring her to be in the service of the Spanish government subject to management by the Ministry of Communication and Merchant Marine. The decree further provided that it was to be in force as a law of that country upon its publication in the "Gaceta de Madrid," which was done October 11, 1936, and that a notation of the attachment should be made on the documents of the vessel and on the Consular Registries. The master of the Navemar received a cablegram from the Spanish authorities October 16, 1936, informing him of the expropriation or attachment of the vessel and directing him to report and place himself at the disposal of the Spanish consul; he did so, but, not having received instructions, sailed on the same day for Rosario, Argentine, where he loaded a cargo of linseed consigned to an American corporation. He deposited the ship's roll with the Spanish consul at Rosario, and was forced to leave without it because of a sudden notice of impending low water. Having returned to Buenos Aires, the vessel was loaded with an additional cargo of linseed and with 2,200 tons of general cargo sent by private shippers to private consignees. The consul at Buenos Aires delivered to the master the ship's registry and roll, which had been forwarded by the consul at Rosario, each of which bore a similar indorsement to the effect that the vessel had become the property of the Spanish government. The indorsement on the registry read:
"By cable dated the 15th of October, 1936, the Spanish Embassy at this Capital, His Excellency, the Minister of the Secretary of State, informs that this vessel passes to be the property of the Spanish Government
The consul at Buenos Aires told the master to continue his voyage since no instructions had been received from the Spanish government, but he was advised to cable the Director of Navigation, whereupon the following message was sent: "Authorized by Consul General we sail for New York Greetings signed Master, `Navemar.'"
After arrival in New York, November 25, 1936, and discharge of part of the cargo in Brooklyn, the vessel moved to a pier at Edgewater, N. J., on November 30, where the discharging of the cargo was completed December 1, 1936. Freight was earned and was payable to Linea Sud Americana, Inc., time charterer of the Navemar with six months to run on its charter. Garcia & Diaz, as agents of the charterer, collected the freight money prior to delivery to the consignees. Upon arrival in New York, the master deposited the ship's roll with the consul general in New York and called his attention to the indorsement which it bore. After communication with the Spanish ambassador at Washington, the consul delivered to the master a letter dated November 28, 1936, reading: "The ship of your command is from this date at the disposition of the Republic. * * *"
The master was requested to present a detailed account of the expenses of the Navemar.
The master also presented himself at the office of Garcia & Diaz, agents for the appellee, and was ordered to proceed with the discharging of cargo and to prepare for another voyage to Buenos Aires in accordance with the charter.
While the Navemar was at its pier in Edgewater, N. J., December 1, 1936, five members of the crew, representing themselves to be a duly elected committee, claimed authority to take charge of the provisions and pay of the crew. On December 2 the Navemar proceeded to anchorage grounds in Red Hook Flats, Brooklyn, to undergo repairs pursuant to instructions by the appellee. The consul in New York, on December 2, 1936, advanced $300 to the master to care for the expenses of the Navemar. The master reported the activities of the committee to the consul and was told that they met with his approval. December 7, 1936, the consul appointed a new master to relieve the former one of his command. Meanwhile the crew, aided by the committee and instigated by the consul, continued to assert authority over the Navemar, interfering with the making of repairs and seeking to prevent the master from going ashore.
This possessory libel was thereupon filed by the appellee, process being served December 7, 1936, on the vessel and on each of the members of the committee. No general or special appearance was entered by the respondents. On December 14, 1936, hearings having been held, the court entered a default decree holding that the appellee was the owner of the vessel and entitled to its possession. The decree was executed and possession delivered as directed.
The consul, appearing specially on December 16, 1936, made an application to have the final decree vacated and to be permitted to file a suggestion, claiming immunity of the Navemar from jurisdiction, and to intervene in the suit on behalf of the Spanish ambassador. The application was denied, though leave to renew was granted. Thereafter, on January 8, 1937, a supplemental suggestion was filed by the consul appearing on behalf of the ambassador, and a...
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Banco de Espana v. Federal Reserve Bank, No. 370-372.
...refused to take a position. Compania Espanola v. The Navemar, 303 U.S. 68, 58 S.Ct. 432, 82 L.Ed. 667, reversing The Navemar, 2 Cir., 90 F. 2d 673; The Navemar, 2 Cir., 102 F.2d 444. But other recent decisions, particularly those concerning the assignment by Soviet Russia of all its claims ......
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Ervin v. Quintanilla, No. 8890.
...whose flag it flies, and is subject on the high seas or in territorial waters to the jurisdiction of that sovereign, The Navemar, 2 Cir., 90 F.2d 673, 676, and cases cited (c/f The Cristina, supra), the taking possession of a ship in navigable waters presents an entirely different question ......
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The Navemar Compania Espanola De Navegacion Maritima v. the Navemar 8212 10, 1938, 242
...the appeal to the order of the District Court on the second application, reversed that order and directed that the libel be dismissed. 90 F.2d 673. We granted certiorari, 302 U.S. 669, 58 S.Ct. 35, 82 L.Ed. —-, because the case is of public importance and because of alleged conflict of the ......
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THE NAVEMAR, 15102.
...Steamship Navemar to the libellant, vacated, are reported in The Navemar, D. C., 17 F.Supp. 647; Id., D.C., 18 F.Supp. 153; Id., 2 Cir., 90 F.2d 673, and in Id., 303 U.S. 68, 58 S.Ct. 432, 82 L.Ed. 667. The opinion of the Supreme Court concludes with the instruction that (page "The responde......
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Banco de Espana v. Federal Reserve Bank, 370-372.
...refused to take a position. Compania Espanola v. The Navemar, 303 U.S. 68, 58 S.Ct. 432, 82 L.Ed. 667, reversing The Navemar, 2 Cir., 90 F. 2d 673; The Navemar, 2 Cir., 102 F.2d 444. But other recent decisions, particularly those concerning the assignment by Soviet Russia of all its claims ......
-
Ervin v. Quintanilla, 8890.
...whose flag it flies, and is subject on the high seas or in territorial waters to the jurisdiction of that sovereign, The Navemar, 2 Cir., 90 F.2d 673, 676, and cases cited (c/f The Cristina, supra), the taking possession of a ship in navigable waters presents an entirely different question ......
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The Navemar Compania Espanola De Navegacion Maritima v. the Navemar 8212 10, 1938, 242
...the appeal to the order of the District Court on the second application, reversed that order and directed that the libel be dismissed. 90 F.2d 673. We granted certiorari, 302 U.S. 669, 58 S.Ct. 35, 82 L.Ed. —-, because the case is of public importance and because of alleged conflict of the ......
-
THE NAVEMAR, 15102.
...Steamship Navemar to the libellant, vacated, are reported in The Navemar, D. C., 17 F.Supp. 647; Id., D.C., 18 F.Supp. 153; Id., 2 Cir., 90 F.2d 673, and in Id., 303 U.S. 68, 58 S.Ct. 432, 82 L.Ed. 667. The opinion of the Supreme Court concludes with the instruction that (page "The responde......