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    HEINE V New York Life

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    Sarah Tarala Moscosa
    This document is a court ruling in the case of Heine v. New York Life Ins. Co. The judge declines to exercise jurisdiction over a number of lawsuits brought by German citizens against two insurance companies to recover on life insurance policies issued in Germany before World War I. While the court has jurisdiction over the parties, the judge uses his discretion to decline jurisdiction given that none of the parties or material witnesses are located in the district, the policies were issued and payable in Germany under German law, and the courts of Germany are fully capable of handling the disputes.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    HEINE V New York Life

    Uploaded by

    Sarah Tarala Moscosa
    26 views3 pages
    This document is a court ruling in the case of Heine v. New York Life Ins. Co. The judge declines to exercise jurisdiction over a number of lawsuits brought by German citizens against two insurance companies to recover on life insurance policies issued in Germany before World War I. While the court has jurisdiction over the parties, the judge uses his discretion to decline jurisdiction given that none of the parties or material witnesses are located in the district, the policies were issued and payable in Germany under German law, and the courts of Germany are fully capable of handling the disputes.

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    HEINE v new york life.doc

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    This document is a court ruling in the case of Heine v. New York Life Ins. Co. The judge declines to exercise jurisdiction over a number of lawsuits brought by German citizens against two insurance companies to recover on life insurance policies issued in Germany before World War I. While the court has jurisdiction over the parties, the judge uses his discretion to decline jurisdiction given that none of the parties or material witnesses are located in the district, the policies were issued and payable in Germany under German law, and the courts of Germany are fully capable of handling the disputes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    26 views3 pages

    HEINE V New York Life

    Uploaded by

    Sarah Tarala Moscosa
    This document is a court ruling in the case of Heine v. New York Life Ins. Co. The judge declines to exercise jurisdiction over a number of lawsuits brought by German citizens against two insurance companies to recover on life insurance policies issued in Germany before World War I. While the court has jurisdiction over the parties, the judge uses his discretion to decline jurisdiction given that none of the parties or material witnesses are located in the district, the policies were issued and payable in Germany under German law, and the courts of Germany are fully capable of handling the disputes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    HEINE v. NEW YORK LIFE INS. CO.No. 10465.

    45 F.2d 426 (1930)


    HEINE
    v.
    NEW YORK LIFE INS. CO.
    District Court, D. Oregon.
    December 1, 1930.
    C. T. !!s !nd ". #. $e!broo%, bot& o' (ort)!nd, Or., 'or *)!inti+.
    untington, ,i)son - untington !nd C)!r% - C)!r%, !)) o' (ort)!nd, Or., 'or
    de'end!nt.
    BEAN, District Judge.
    This is one of a series of cases pending in this court against the New York Life Insurance Copan! and
    the "uardian Insurance Copan!, each of which is a New York corporation, to reco#er on soe two
    hundred and fort! $ife insurance po$icies ade and issued %! the defendants in "eran!, in fa#or of
    "eran citi&ens and su%'ects, and pa!a%$e in "eran arks. The po$icies of the New York Life Insurance
    Copan! were issued prior to August (, ()(*, and those of the "uardian prior to +a! (, ()(,. As a
    condition to their right to do %usiness in "eran!, the insurance copanies were re-uired to and did
    su%it to the super#ision and contro$ of the "eran insurance officia$s, to in#est the reser#es arising
    fro "eran po$icies in "eran securities, and to esta%$ish, and the! do now aintain, an office in that
    countr! with a resident representati#e or agent upon who ser#ice of process can %e ade.
    The actions now pending are %rought and prosecuted in the nae of, or as assignee of the insured %!,
    certain parties in the .nited /tates and "eran!, under an irre#oca%$e power of attorne!, %! which the!
    are authori&ed and epowered to sue for, co$$ect, recei#e, and receipt for a$$ sus due or owing under the
    po$icies, or coproise the sae in consideration of an assignent and transfer to the of the undi#ided
    01 per cent. interest in the po$icies and a$$ rights accruing thereunder.
    None of the parties to the $itigation are residents or inha%itants of this district. The p$aintiffs reside in, and
    are citi&ens of, the repu%$ic of "eran!. The defendants are corporations organi&ed and e2isting under the
    $aws of New York, with their principa$ offices in that state, with statutor! agents in 3regon, upon who
    ser#ice can %e ade. None of the causes of action arose here, nor do an! of the ateria$ witnesses reside
    in the district, nor are an! of the records of the defendant copanies pertaining to the po$icies in suit in
    the district, %ut such records are either at the hoe office in New York or at their offices in "eran!. The
    courts of "eran! and New York are open and functioning and copetent to take 'urisdiction of the
    contro#ersies, and ser#ice can %e ade upon the defendants in either of such 'urisdictions. To re-uire the
    defendants to defend the actions in this district wou$d ipose upon the great and unnecessar!
    incon#enience and e2pense, and pro%a%$! cope$ the to produce here 4three thousand i$es fro their
    hoe office5 nuerous records, %ooks, and papers, a$$ of which are in dai$! use %! it in taking care of
    current %usiness.
    In addition, it wou$d no dou%t consue onths of the tie of this court to tr! and dispose of these cases,
    thus necessari$! disarranging the ca$endar, resu$ting in de$a!, incon#enience, and e2pense to other
    $itigants who are entit$ed to in#oke its 'urisdiction.
    .nder these circustances, the defendants, whi$e conceding that the court has 'urisdiction of the person
    and su%'ect6atter, urges that it shou$d refuse, in its discretion, to e2ercise such 'urisdiction.
    I unhesitating$! concur in this #iew, for, as said %! +r. Justice 7o$es in Cu%a 8ai$road Co. #. Cros%!,
    000 ../. *9:, :0 /.Ct. (:0, (::, 1; L. Ed. 09*, :, L. 8. A. 4N. /.5 *<= >It shou$d %e ree%ered that
    parties do not enter into ci#i$ re$ations in foreign 'urisdictions in re$iance upon our courts. The! cou$d not
    cop$ain if our courts refused to edd$e with their affairs, and reitted the to the p$ace that esta%$ished
    and wou$d enforce their rights. ? ? ? The on$! 'ust ground for cop$aint wou$d %e if their rights and
    $ia%i$ities, when enforced %! our courts, shou$d %e easured %! a different ru$e fro that under which the
    parties dea$t.>
    It is apparent that the p$aintiffs are seeking %! these actions to ipose on the defendants a $ia%i$it! under a
    different ru$e than >that under which the parties dea$t.>
    The courts of "eran! ha#e ru$ed that an! person seeking to reco#er on a ci#i$ contract ade in
    "eran! prior to August, ()0*, and pa!a%$e in arks, can on$! reco#er on the %asis pro#ided in the
    onetar! $aw of ()0*. +anifest$! the p$aintiffs are not proceeding on an! such theor!.
    It is argued %! the p$aintiffs that, %ecause the court has 'urisdiction of the su%'ect6atter and the parties, it
    has no discretion, %ut shou$d proceed with the case, regard$ess of where the cause of action arose, or the
    $aw %! which it is contro$$ed, or the residence or con#enience of the parties and witnesses, or the
    difficu$t! the court wou$d encounter in attepting to interpret and enforce a foreign contract, or the
    interference with the other %usiness of the court. But that is a atter resting in its discretion. It a! retain
    'urisdiction, or it a!, in the e2ercise of a sound discretion, dec$ine to do so, as the circustances suggest.
    The courts ha#e repeated$! refused, in their discretion, to entertain 'urisdiction of causes of action arising
    in a foreign 'urisdiction, where %oth parties are nonresidents of the foru. "regonis #. @hi$ade$phia A 8.
    Coa$ A Iron Co., 0:1 N.Y. (10, (:) N. E. 00:, :0 A. L. 8. (, and noteB @ietraroia #. New Jerse! A
    7udson 8i#er 8!. A Cerr! Co., ()9 N.Y. *:*, )( N. E. (0<B "regonis #. @. A 8. Coa$ A Iron Co., 0:1
    N.Y. (10, (:) N. E. 00:, :0 A. L. 8. (B /tewart #. Litchen%erg, (*, La. ()1, ,; /o. 9:*B /ith #. +utua$
    Life Insurance Co., (* A$$en 4); +ass.5 ::;6:*:B Nationa$ Te$ephone +fg. Co. #. Du Bois, (;1 +ass.
    ((9, *0 N. E. 1(<, :< L. 8. A. ;0,, 10 A. /t. 8ep. 1<:B Co$$ard #. Beach, ,( App. Di#. 1,0, ,( N.Y./.
    ;()B "reat Destern 8ai$wa! Co. #. +i$$er, () +ich. :<1B Disconto "ese$$schat #. .%reit, (09 Dis. ;1(,
    (<; N. D. ,0(, (1 L. 8. A. 4N. /.5 (<*1, ((1 A. /t. 8ep. (<;:.
    As said %! +r. Justice Brad$e! in The Be$gen$and, ((* ../. :11, 1 /.Ct. ,;<, ,;*, 0) L. Ed. (10=
    >Circustances often e2ist which render it ine2pedient for the court to take 'urisdiction of contro#ersies
    %etween foreigners in cases not arising in the countr! of the foruB as, where the! are go#erned %! the
    $aws of the countr! to which the parties %e$ong, and there is no difficu$t! in a resort to its courtsB or where
    the! ha#e agreed to resort to no other tri%una$s ? ? ? not on the ground that it has not 'urisdiction, %ut that,
    fro oti#es of con#enience, or internationa$ coit!, it wi$$ use its discretion whether to e2ercise
    'urisdiction or not.>
    /ee, a$so, Charter /hipping Co. #. Bowring, 0,( ../. 1(1, 1< /.Ct. *<<, 9* L. Ed. (<<,.
    These, in ! 'udgent, are cases of that kind. The! are actions %rought on causes of action arising in
    "eran!. The contract of insurance was ade and to %e paid there and in "eran currenc!. It is to %e
    construed and gi#en effect according to the $aws of the p$ace where it was ade. 00 A. A Eng. Enc!. of
    Law 40d Ed.5 (:1<. The courts of this countr! are esta%$ished and aintained priari$! to deterine
    contro#ersies %etween its own citi&ens and those ha#ing %usiness there, and anifest$! the court a!
    protect itse$f against a f$ood of $itigation o#er contracts ade and to %e perfored in a foreign countr!,
    where the parties and witnesses are nonresidents of the foru, and no reason e2ists wh! the $ia%i$it!, if
    an!, cannot %e enforced in the courts of the countr! where the cause of action arose, or in the state where
    the defendant was organi&ed and has its principa$ offices. True, the courts of New York ha#e dec$ined to
    e2ercise 'urisdiction o#er actions %rought on insurance po$icies sii$ar to those in suit. 7iggins #. N. Y.
    Ins. Co., 00< App. Di#. 9;<, 000 N.Y./. ,(), and Eon Nessen6/tone #. N. Y. Life Ins. Co.
    (
    But that affords
    no reason wh! this court shou$d do so. It is to e unthinka%$e that residents and citi&ens of "eran! a!
    iport %odi$! into this court nuerous actions against a nonresident defendant, on contracts ade and
    pa!a%$e in "eran!, and insist as a atter of right that, %ecause it has o%tained 'urisdiction of the
    defendant %! ser#ice of its statutor! agent, the ta2pa!ers, citi&ens, and residents of the district ha#ing
    %usiness in the court shou$d stand aside and wait the conc$usion of the case, where, as here, the courts of
    "eran! and of the hoe state of the defendant are open and functioning.
    Judge Tucker, in the state court of +u$tnoah count!, in an a%$e and we$$6considered opinion in a case
    %rought on one of the "eran po$icies 4Fahn #. New York5, reached the sae conc$usion.
    +otion a$$owed.

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