Felix Frankfurter

“ The Court of Appeals suggested that the issue of fraud in the transfer of the Caribe could be adjudicated as part of the garnishment proceeding.↑ Libellants also sought to hold Del Caribe personally liable for the destruction of the Cali's cargo of rice on the ground that it was merely the alter ego of Transmaritima. Success on this theory would render the issue of fraudulent transfer irrelevant, for then the assets of either company could be attached. The jurisdiction of a court of admiralty to determine the question of alter ego is undoubted. ”

“ We need not now decide the abstract question whether United States admiralty courts may decline jurisdiction over libels brought by United States citizens. Discretion could not sustain declination in this case. Application of forum non conveniens principles to a suit by a United States citizen against a foreign respondent brings into force considerations very different from those in suits between foreigners. [9] The District Court gave no indication that it recognized such considerations. ”

“ It is also pertinent that libellants' interrogatories to Del Caribe were never answered and the exceptions taken to them never passed on by the District Court. The evidence contained in respondents' affidavits was inadequate to support any determination of the fraud issue. Of course, if the court had required libellants to present such proof as they had, it would have been for them to move that the exceptions to the interrogatories be overruled. ”

“ In such a situation the rights of all the parties can be adequately protected while the litigation on the main claim proceeds.
II. On finding that the Caribe had been sold by Transmaritima to Del Caribe prior to the filing of the libel the District Court deemed itself without jurisdiction to determine whether the transfer was fraudulent. In consequence it felt compelled to treat Del Caribe as the owner of the vessel, and since only the property of Transmaritima could be validly attached the attachment had to be vacated. ”

“ Com. of Massachusetts v. State of Missouri, 308 U.S. 1, 19, 60 S.Ct. 39, 43, 84 L.Ed. 3. We would be passing on situations not before us were we to attempt now to define when power which we recognize should be withheld. ”