Opinion
October 24, 1931.
Single Hill, of New York City, for libelant.
Haight, Smith, Griffin Deming, of New York City, for respondent.
In Admiralty. Suit by Amador Bengochea and others against the Dampskib Selskabet Orient A/S. On motion to dismiss the libel.
Motion denied.
The Cuban consignee of a cargo of rice, shipped from Siam to Cuba on a Danish vessel, brought a libel in personam against the Danish owner for damages to the cargo.
Jurisdiction was obtained by attaching another vessel of the same owner, who had in the meantime sold the vessel which carried the cargo.
The immediate underwriter was American. The owner argued that the underwriter was not a party, that the underwriter could have no greater rights than his assured, and that the risk of the underwriter was probably largely reinsured abroad.
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.