Oetjen v Central Leather Co: 1918

References: [1918] 246 US 297
Coram: Clarke J
Ratio: (US Supreme Court) Animal hides were seized and sold to satisfy a monetary assessment to support the revolution, and there was an issue of title between an assignee from the original owner and a person deriving his claim to title from the purchaser from the revolutionary forces. The goods were brought to the United States.
Held: The assignee of the former owner failed in its claim.
Clarke J said: ‘To permit the acts of one sovereign state to be re-examined and perhaps condemned by the courts of another would very certainly ‘imperil the amicable relations between governments and vex the peace of nations.’ and ‘Every sovereign state is bound to respect the independence of every other sovereign state, and the Courts of one country will not sit in judgment on the acts of a Government of another done within its own territory.’
Jurisdiction: United States
This case is cited by:

  • Cited – Korea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC (Bailii, [2008] EWHC 2829 (Comm))
    The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
  • Cited – Aksionairnoye Obschestvo A M Luther v James Sagor and Co CA ([1921] 3 KB 532)
    A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
    Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
  • Cited – Princess Paley Olga v Wiesz CA ([1929] 1 KB 718)
    The Court considered a seizure of property from the plaintiff which had then been adopted by the Russian Government and a later confiscation decree.
    Held: The decree was effective to vest the goods in the Russian authorities and the adopted . .
  • Cited – Belhaj and Another v Straw and Others SC (Bailii, [2017] UKSC 3, Bailii Summary, [2017] HRLR 4, [2017] AC 964, [2017] 3 All ER 337, [2017] WLR(D) 51, [2017] 2 WLR 456, WLRD, UKSC 2014/0264, SC, SC Summary, SC Summary Video)
    The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

(This list may be incomplete)

Last Update: 19 March 2019
Ref: 316669