A Case for a Jury: A Foreign Government or a Foreign Corporation?
New York, Aug. 25.
Supreme Court Justice Finch ruled yesterday that the question whether Gen. Gregerie Simionov, Cossack leader, recently arrested here in connexion with a judgement recovered against him in China, was merely ruler of a local ferriter; or successor to Admiral Koltchak in the Omsk All-Russian Government, must be answered by a jury.
His decision was handed down with reference to another judgement obtained by default against the Omsk All-Russian Government by Claude M. Nankieval, exporter, who charged that Admira] Koltchak's Government had seized a $100,000 shipment of automobiles sent to the Russo-Asiatic Bank at Vlatlivostok in 1917.
Mr. Nankieval and associates contended that the Omsk All-Russian Government was contained in the person of Gen. Siminiov after the death of Admira] Koltchak. Attorneys for Gen. Siminiov, however, moved to vacate an order for examination in supplementary proceedings on the ground that the Omsk All-Russian Government ceased to exist after the execution of Admiral Koltchak.
Regarding the defendant's contention that the Omsk All-Russian Government was a de facto sovereignty against which a suit could not be brought here, Justice Finch pointed out that the courts have ruled that in default of official recognition of a foreign Government, the court may hold it to be a foreign corporation He refused to vacate the der or the subpeenas.—Reuter.
Text read from the printed page and cleaned; old type leaves the occasional error.