TIP | Limitation of Liability Hearings | Claim of Sol Levy (Jacob Birnbaum)

Limitation of Liability Hearings

CLAIM OF SOL LEVY (JACOB BIRNBAUM)


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.

 

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IN THE MATTER
-of-
the Petition of the
OCEANIC STEAMSHIP NAVIGATION CO. LTD.
owner of the
S. S. TITANIC,
for limitation of liability.
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TO THE HONORABLE JUDGES OF THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK .

The petition of SOL. LEVI, respectfully shows to this Honorable Court:-

FIRST: - Your petitioner is the attorney and proctor for JOACHIM BIRNBAUM, and other legal representatives of JACOB BIRNBAUM, deceased.

SECOND: - On information and belief, said Jacob Birnbaum was a first class passenger on the S. S. Titanic on her first and only trip to the City of New York .

THIRD: - On information and belief the said Jacob Birnbaum duly and fully paid for his passage on said Steamship.

FOURTH: - On information and belief, on or about the 15th day of April, 1912, the said Steamship was lost at Sea, and the said Jacob Birnbaum was drowned therefrom.

FIFTH: - On information and belief the said Jacob Birnbaum had with him at the time he was lost with the sinking of the said S. S. Titanic, diamonds of the value of about Two thousand ($2000.) Dollars, wearing apparel includ­ing jewelry for his personal use of the value of about Twelve hundred ($1200.) Dollars and other personal property of the value of about Eight thousand ($8000.) Dollars which was also lost with the sinking of said S. S. Titanic. As to the des­cription of the personal property of the value of about Eight Thousand ($8000.) Dollars, your petitioner is at present un­able to state or define the same, but will be able to do so from information which will be received hereafter from the said legal representatives of said Jacob Birnbaum, and will be prepared to prove the same upon any hearing or hearings hereaf­ter had upon this claim.

SIXTH: - On information and belief, none of the said personal property has been recovered by salvage or other­wise.

SEVENTH: - On information and belief the legal representatives of the said Jacob Birnbaum have sustained damages by reason of the loss of the life of the said Jacob Birnbaum in the sinking of the said S. S. Titanic, in the sum of Fifty thousand ($50,000.) Dollars.

EIGHTH: - On information and belief, the legal representatives of the said Jacob Birnbaum are as follows:- His mother, Chaja Taube Birnbaum, his father, Joachim Birn­baum his brothers, Heinrich Birnbaum, Michael Birnbaum, Leo­pold Birnbaum, and Alexander Birnbaum, and his sisters, Ad­ella Birnbaum, Bertha Birnbaum, Silva Birnbaum and Gusta Birn­baum.

NINTH: - This claim is filed pursuant to a monition issued by this Honorable Court.

WHEREFORE your petitioner prays that the claim herein be allowed as filed.

AND YOUR PETITIONER WILL EVER PRAY.

Dated New York April 14th, 1913.

Sol. Levy (sig.)
Petitioner.

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SOUTHERN DISTRICT OF NEW YORK

CITY & COUNTY OF NEW YORK

:
STATE OF NEW YORK : SS.
:

SOL LEVI, being duly sworn deposes and says:

I am the attorney for JOACHIM BIRNBAUM, and the other legal representatives of Jacob Birnbaum, deceased, as set forth in the foregoing petition. I have read and know the contents of the foregoing petition, and the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe it to be true.

The reason why this verification is made by deponent and not by any of the personal representatives of the said Jacob Birnbaum deceased, is that all of them are not now in the County of New York where your petitioner resides and has his office, but are and reside at Antwerp, Belgium.

The source of my knowledge and the grounds of my belief as to the matters alleged in the foregoing petition upon information and belief is derived from the annexed af­fidavit of Joachim Birnbaum, and also from a letter received by me from him.

Sol Levy (sig.)

Sworn to before me this
14th day of April, 1913.

Illegible (sig.)
Comm. of Deeds
NY City

 

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.

 

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In the Matter of the Loss
- of the -
S. S. TITANIC.

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COUNTRYOF BELGIUM :
: SS.
:

JOACHIM BIRNBAUM, being duly sworn depose and says: I reside at Anvers , Belgium . I am the father of Jacob Birnbaum, deceased.

Said Jacob Birnbaum was a passenger on the S. S. Titanic on her first and only trip to New York . He was lost with the Steamship. He was twenty-five years of age. He was unmarried. He left him surviving, his mother, Chaja Taube Birnbaum, myself his father, and Heinrich Birnbaum, Adella Birnbaum, Michael Birnbaum, Bertha Birnbaum, Silva Birnbaum, Leopold, B., Gusta B. Alexander Birnbaum. He had with him diamonds of the value of $2000 about which property was lost and never recovered. He also had with him wearing apparel and jewelry of the val­ue of $1200 about which was also lost.

I claim damage sustained to legal representatives by the loss of his life in the sum of Fifty thousand ($50,000.) Dollars, and damages sustained through the loss of the diamonds in his possession together with the other personal property of $2000 about, I desire to file this claim with this Court against the S. S. Titanic and the owners thereof pursuant to the Laws of the United States of America , authorizing the same.

Prescribed and sworn to before me
this 2nd day of April, 1913.
Joachim Birnbaum (sig.)

[SEAL] ILLEGIBLE (sig.)