State of the Netherlands v. Federal Reserve Bank of New York

S.D. New York

State of the Netherlands v. Federal Reserve Bank of New York

79 F. Supp. 966, 1948 U.S. Dist. LEXIS 2409

CourtDistrict Court, S.D. New York

DecidedSeptember 30, 1948

DocketCiv. 45-555

StatusPublished

Cited by2 cases

This text of 79 F. Supp. 966 (State of the Netherlands v. Federal Reserve Bank of New York) 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.

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State of the Netherlands v. Federal Reserve Bank of New York, 79 F. Supp. 966, 1948 U.S. Dist. LEXIS 2409 (S.D.N.Y. 1948).

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Opinion

MEDINA, District Judge.

Because of the importance of the questions involved and the likelihood of the commencement of a number of similar actions to replevy securities claimed to^ have been looted by the Germans during their occupation of Holland in World War II, plaintiff has made this motion, in form to attack the first defense of the interpleaded defendant Archimedes that the complaint fails to state a claim for relief, but really in order to obtain a ruling that the complaint is sufficient on its face and that the facts if proved will make out a prima facie case. The decree of expropriation of the Netherlands Government in exile has already been held valid and effective by the Court of Appeals of the State of New York, Anderson v. N. V. Transandine Handelmaatschappij, 1942, 289 N.Y. 9, 43 N.E.2d 502, which gave effect to the Suggestion of tire Interest of the United States in the Matter in Litigation. In that case nothing appeared to indicate that the expropriation decree in any way offended the policy of the United States or the policy of the State of New York. It was accordingly by comity entitled to such effect as our courts might properly give. Oetjen v. Central Leather Co., 1918, 246 U.S. 297, 38 S.Ct. 309, 62 L.Ed. 726; Banco de Espana v. Federal Reserve Bank of New York, 2 Cir., 1940, 114 F.2d 438; Anderson v. N. V. Transandine Handelmaatschappij, 1942, 289 N.Y. 9, 43 N.E.2d 502, affirming Sup.1941, 28 N.Y.S.2d 547; Dougherty v. Equitable Life Assurance Society, 1934, 266 N.Y. 71, 193 N.E. 897; see United States v. Pink, 1942, 315 U.S. 203, 245, 62 S.Ct. *967 552, 86 L.Ed. 796; United States v. Belmont, 1937, 301 U.S. 324, 333-337, 57 S.Ct. 758, 81 L.Ed. 1134. So here the complaint clearly states a claim for relief, as the expropriation decree vests title in the Netherlands Government which is by its terms the owner and hence ,by comity is entitled to maintain this action. That a replevin action is appropriate under the circumstances is not open to doubt nor has any such doubt been suggested.

At the trial other questions will necessarily arise by reason of the allegations contained in the pleadings subsequent to the complaint. In so far .as they involve determinations of policy and of law or fact, they are beyond the scope of the present motion.

Motion granted.

Settle order on notice.

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MEDINA, District Judge.

Because of the importance of the questions involved and the likelihood of the commencement of a number of similar actions to replevy securities claimed to^ have been looted by the Germans during their occupation of Holland in World War II, plaintiff has made this motion, in form to attack the first defense of the interpleaded defendant Archimedes that the complaint fails to state a claim for relief, but really in order to obtain a ruling that the complaint is sufficient on its face and that the facts if proved will make out a prima facie case. The decree of expropriation of the Netherlands Government in exile has already been held valid and effective by the Court of Appeals of the State of New York, Anderson v. N. V. Transandine Handelmaatschappij, 1942, 289 N.Y. 9, 43 N.E.2d 502, which gave effect to the Suggestion of tire Interest of the United States in the Matter in Litigation. In that case nothing appeared to indicate that the expropriation decree in any way offended the policy of the United States or the policy of the State of New York. It was accordingly by comity entitled to such effect as our courts might properly give. Oetjen v. Central Leather Co., 1918, 246 U.S. 297, 38 S.Ct. 309, 62 L.Ed. 726; Banco de Espana v. Federal Reserve Bank of New York, 2 Cir., 1940, 114 F.2d 438; Anderson v. N. V. Transandine Handelmaatschappij, 1942, 289 N.Y. 9, 43 N.E.2d 502, affirming Sup.1941, 28 N.Y.S.2d 547; Dougherty v. Equitable Life Assurance Society, 1934, 266 N.Y. 71, 193 N.E. 897; see United States v. Pink, 1942, 315 U.S. 203, 245, 62 S.Ct. *967 552, 86 L.Ed. 796; United States v. Belmont, 1937, 301 U.S. 324, 333-337, 57 S.Ct. 758, 81 L.Ed. 1134. So here the complaint clearly states a claim for relief, as the expropriation decree vests title in the Netherlands Government which is by its terms the owner and hence ,by comity is entitled to maintain this action. That a replevin action is appropriate under the circumstances is not open to doubt nor has any such doubt been suggested.

At the trial other questions will necessarily arise by reason of the allegations contained in the pleadings subsequent to the complaint. In so far .as they involve determinations of policy and of law or fact, they are beyond the scope of the present motion.

Motion granted.

Settle order on notice.

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79 F. Supp. 966, 1948 U.S. Dist. LEXIS 2409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-the-netherlands-v-federal-reserve-bank-of-new-york-nysd-1948.

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