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COCOTOS S.S. OF PANAMA S.A. v. SOCIEDAD MARITIMA V

November 26, 1956

COCOTOS STEAMSHIP OF PANAMA S.A., Libellant,
v.
SOCIEDAD MARITIMA VICTORIA S.A. PANAMA, George J. Stathos, Maria Trading Corporation of Panama and the Gallie Corporation, Respondents



The opinion of the court was delivered by: SUGARMAN

On July 10, 1956 libelant filed a libel against Sociedad Maritima Victoria S. A. Panama (Victoria), George J. Stathos (Stathos), Maria Trading Corporation of Panama (Maria) and The Gallie Corporation (Galli) for breach of a charterparty. It contains a clause for foreign attachment of the goods, chattels, credits and effects of each respondent in the hands of respondents Gallie and Maria and in the hands of William F. Murphy, Sr. (Murphy, Sr.) and/or William F. Murphy, Jr. (Murphy, Jr.) as garnishees.

The clerk issued process including:

 A

 Process in personam with clause of foreign attachment on July 10, 1956 against respondents Victoria and Stathos and garnishees Gallie, Maria, Murphy, Sr. and Murphy, Jr.

 The Marshal's certificate recites his inability 'to find the within-named respondent in my District' and certifies attachment of 'the credits and effects to the amount sued for in the hands of' Gallie and Murphy, Sr. on July 11, 1956. He also recites without date his inability to find Murphy, Jr. and Maria in the district.

 B

 Process in personam with clause of foreign attachment on July 23, 1956 against respondents Victoria and Stathos and garnishee Maria.

 The Marshal's certificate recites his inability 'to find the within-named respondents in my District' and certifies attachment of 'the credits and effects to the amount sued for in the hands of' Maria on July 24, 1956 by exhibition of the process to and leaving a copy thereof with 'Mr. Lamb -- partner of firm of Purdy, Lamb and Catoggio'.

 C

 Process in personam with clause of foreign attachment on July 10, 1956 against respondent Maria and garnishees Gallie, Murphy, Sr. and/or Murphy, Jr.

 The Marshal's certificate recites his inability 'to find the within-named respondents in my District' and certifies attachment of 'the credits and effects to the amount sued for in the hands of' Gallie and Murphy, Sr. on July 11, 1956. He also recites without date his inability to find Murphy, Jr. in the district.

 Maria, Gallie and Stathos appeared generally on July 23, 1956.

 The Stathos Motion.

 Stathos now moves (Motion No. 123) for 'entry of an order pursuant to Rule 21 of the Admiralty Rules of the United States District Court for the Southern District of New York, vacating and setting aside the foreign attachments made by libellant of credits and effects to the account of respondent' Stathos in the hands of Gallie and Maria, as garnishees.

 Thus the attachments denominated A and B herein are challenged by Stathos.

 Inasmuch as Stathos appeared in the suit on July 23, 1956, the process with clause of foreign attachment dated July 23, 1956 and executed on July 24, 1956, (denominated B above) insofar as it attaches property of Stathos is quashed. *fn1"

 As to the attachment hereinabove denominated A, in order for libelant to be required 'to show cause instanter why the * * * attachment should not be vacated' Stathos must, at the outset, submit 'evidence showing * * * improper practice or a manifest want of equity on' libelant's part. *fn2" ...


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