Bengochea v. Dampskib Selskabet Orient A/S

S.D. New York

Bengochea v. Dampskib Selskabet Orient A/S

1 F. Supp. 934, 1931 U.S. Dist. LEXIS 2142

CourtDistrict Court, S.D. New York

DecidedOctober 24, 1931

StatusPublished

Cited by1 cases

This text of 1 F. Supp. 934 (Bengochea v. Dampskib Selskabet Orient A/S) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bengochea v. Dampskib Selskabet Orient A/S, 1 F. Supp. 934, 1931 U.S. Dist. LEXIS 2142 (S.D.N.Y. 1931).

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Opinion

CAFFEY, District Judge.

It seems clear that the underwriter could be joined as libelant; also that, if the present suit were dismissed, jurisdiction here could be obtained of respondent by a fresh writ of attachment. The statements in petitioner’s affidavit are not disputed. From these statements I am unable to say that, if a suit were brought in Cuba, the inconvenience of respondent therein would be substantially less, if indeed less at all, than if the present suit were retained. Whatever may be the theoretical objections to continuance in this court, I think that no sufficient ground, and perhaps no ground at all, has been established for dismissal.

Motion denied.

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CAFFEY, District Judge.

It seems clear that the underwriter could be joined as libelant; also that, if the present suit were dismissed, jurisdiction here could be obtained of respondent by a fresh writ of attachment. The statements in petitioner’s affidavit are not disputed. From these statements I am unable to say that, if a suit were brought in Cuba, the inconvenience of respondent therein would be substantially less, if indeed less at all, than if the present suit were retained. Whatever may be the theoretical objections to continuance in this court, I think that no sufficient ground, and perhaps no ground at all, has been established for dismissal.

Motion denied.

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Bluebook (online)

1 F. Supp. 934, 1931 U.S. Dist. LEXIS 2142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bengochea-v-dampskib-selskabet-orient-as-nysd-1931.

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