#### WATTS, WATTS *&*CO., Limited, v. UNIONE AUSTRIACA DI NAVIGAZIONE.

(Circuit Court of Appeals, Second Circuit.

December 14, 1915.)

No. 67.

1. War <5=16 — Jurisdiction—Discretion of Court.

Whether the District Court would take jurisdiction of a libel in personam by a British corporation against an Austrian corporation for coal furnished the steamers of the Austrian corporation from time to time at Algiers, a French dependency, was a matter within the discretion of that court.

[Ed. Note. — For other cases, see War, Cent. Dig. §§ 80-84; Dec. Dig. @=16.]

2. War <$=>16 — Jurisdiction—Discretion of Court.

A British corporation supplied coal to the steamers of an Austrian corporation from time to time at Algiers,' and drafts were drawn therefor, payable at London and duly accepted. Before maturity war was declared, and each sovereign prohibited its citizens from paying debts due an enemy, and the accepting bank at London refused payment, whereupon a libel in personam was filed for the amount of the original debt, and a steamer was attached. *Held,*that the District Court did not abuse its discretion in declining to take jurisdiction, on the ground that it would be inexpedient to- do so under the circumstances.

[Ed. Note. — For other cases, see War, Cent. Dig. §§ 80-84; Dec. Dig. <$=>16.]

Appeal from the District Court of the United States for the Eastern District of New York.

Libel in admiralty by Watts, Watts & Co., Limited, against the Unione Austríaca di Navigazione. From a decree declining to take jurisdiction, and dismissing the libel without prejudice (224 Fed. 188), the libelant appeals.

Affirmed.

Convers & Kirlin, of New York City (J. Parker Kirlin and John M. Woolsey, both of New York City, of counsel), for appellant.

Haight, Sandford & Smith, of New York City (Charles S. Haight and Clarence Bishop Smith, both of New York City, of counsel), for appellee.

Before LACOMBE, COXE, and WARD, Circuit Judges.

PER CURIAM.

[1,2] The libelant, a British corporation, supplied coal to the steamers of the respondent, an Austrian corporation, from time to time at Algiers, a French dependency. The master in each case drew a draft for the price of the coal to the order of the libelant payable a.t London. Of such drafts drawn during the months of May, June, and July, 1914, and duly accepted payable in London, the first fell due August 7th, and the last October 1st. Great Britain declared war upon Austria-Hungary beginning from midnight August 12th. Each sovereign prohibited its citizens from paying any debt due" *137an enemy during die continuance of the war. Payment of the drafts was refused by the accepting hank at London.

The libelant filed a libel in personam against the respondent, not upon the drafts, but to recover for the debt, and attached the steamer Martha Washington. The respondent does not deny its obligation to pay.

Judge Veeder, in the District Court, feeling that it was inexpedient under these circumstances to take jurisdiction of the controversy, dismissed the libel without prejudice. Whether to take or to decline jurisdiction was a matter within his discretion (see The Belgenland, 114 U. S. 355, 5 Sup. Ct. 860, 29 L. Ed. 152; Benedict on Admiralty, § 195), and, as no abuse of discretion appears, the decree is affirmed.