Nippon Shosen Kaisha, K.K. v. United States

The issue before the Court is whether the moving party, petitioner Sumitomo Marine and Fire Insurance Co., Ltd., a Japanese insurance corporation (hereafter referred to as Sumitomo), is entitled to the sum of $12,467.76, presently in the registry of the Court, which represents proceeds from the sale by a Court-appointed trustee of cargo consisting of 2,702.5 tons of phosphate rock.

Sumitomo’s petition, filed September-12, 1963, alleges in substance that said' phosphate rock cargo was shipped aboard the vessel SS Kokoku Maru; that Sumitomo insured said cargo and by reason of' said insurance has paid the consignee-owner the full value thereof; that the phosphate rock cargo remained aboard' the Kokoku Maru up to July 19, 1963,. when the Court issued its Order Confirming Sale pf the Kokoku Maru and the phosphate rock cargo for the sum of $72,567.76, which has been paid into the registry of the Court, of which sum $12,-467.76 is allocable to said cargo; and that Sumitomo has all right, title and interest in and to the sum of $12,467.76 and is. entitled to said sum, subject only to certain liens.

The case originally arose under the Court’s Admiralty jurisdiction upon the filing on…