guaranty trust new york argued decided april john davis new york city petitioner sam whitaker asst atty justice stone delivered opinion principal questions decision whether suit law brought federal district recover deposit foreign government new york bank government subject local statute limitations private litigants whether assignment november russian soviet government right former bank account restricts overrides operation statute limitations subsidiary question whether circumstances case running statute limitations otherwise applicable affected nonrecognition soviet government interval approximately years recognition provisional government russia recognition successor july imperial russian government opened bank account petitioner guaranty trust company new york banking corporation march imperial government overthrown succeeded provisional government russia recognized march july boris bakhmeteff officially recognized president ambassador russia july account overdrawn deposited account serge ughet financial attache russian embassy nobember provisional government overthrown succeeded government union soviet socialist republics referred soviet government time remained deposit account sum approximately november soviet government dismissed bakhmeteff ambassador ughet financial tache continued recognize bakhmeteff ambassador june withdrew representation russian government thereafter november continued recognize financial attache retirement bakhmeteff ambassador recognized former custodian russian property november recognized soviet government date took assignment admitted due may found due successor prior governments russia otherwise american nationals including corporations making demand upon petitioner payment balance account september brought present suit district southern new york recover deposit petitioner moved conformity act new york civil practice act rules new york rules civil practice dismiss complaint ground recovery barred new york year statute limitations support motion petitioner submitted numerous affidavits two depositions documentary proof tending show february applied balance account credit indebtedness alleged due russian government reason latter seizure certain ruble deposit accounts petitioner russian private banks date repudiated liability deposit account given notice repudiation financial attache russian embassy later financial attache bakhmeteff ambassador sumbitted affidavits exhibits opposition district found petitioner repudiated liability account february given due notice repudiation prior june financial attache ambassador bakhmeteff recovery barred applicable statute limitations new york new york civil practice act circuit appeals second circuit reversed judgment petitioner holding new york statute limitations run foreign sovereign moved importance questions involved granted certiorari respondent argues soviet government suit brought federal courts subject local statute limitations foreign like domestic sovereign subject statutes limitations immunity case domestic sovereign constitutes implied exception statute conformity act case since suit recover deposit maintained new york soviet government prior recognition since according new york law statute run period suit brought present suit barred insisted even though soviet government bound local statute limitations bound new york statute bars remedy extinguish right applicable statute inoperative ineffective since conflicts impedes execution executive agreement soviet government assignment effected finally government assails finding fact district petitioner repudiated liability upon deposit account contends notice repudiation given petitioner tives provisional government ineffective set statute running soviet government favor petitioner first rule quod nullum tempus occurrit sovereign exempt consequences laches operation statutes vestigial survival prerogative crown see magdalen college case hobart sir edward coke case gobd bracton de legibus lib ii whether alone accounts origin source continuing vitality royal privilege longer exists found public policy underlying rule even though may beginning different policy basis compare maine ancient law et seq true reason found great public policy preserving public rights revenues property injury loss negligence public officers though sometimes called prerogative right fact nothing reservation exception introduced public benefit equally applicable governments story hoar regardless form government independently royal prerogative thought sufficient justify rule supportable benefit advantage extend every citizen including defendant whose plea laches limitation precludes uniform survival generally accounted justified grounds policy rather upon inherited notions personal privilege king kirkpatrick wheat knight pet thompson fink nashville complete acceptance implied immunity domestic state national universally deemed exception local statutes limitations government state national expressly included conformity act see thompson supra whether benefit rule extended foreign sovereign suing state federal question conclusive answer found authorities diligent search counsel revealed judicial decision supporting application rule country alleged immunity doubted french republic saratoga vichy spring commissioners sinking fund louisville buckner rejected western lunatic asylum miller disregarded royal italian government international committee neither appellate delivered opinion support found different conclusion remark opinion nashville supra holding suing federal subject local statute limitations said rest upon great principle public policy governments alike statement paraphrase frequently appeared judicial justice story statement hoar supra already quoted reference public policy supporting rule limitation run domestic sovereign cable governments obviously designed point policy applicable monarchical form government therefore discarded former identity royal prerogative find pronouncement later versions intimation policy underlying exemption domestic sovereign supports extension foreign sovereign suing courts true upon principle comity foreign sovereigns public property held amenable suit courts without consent see exchange mcfaddon cranch berizzi pesaro navemar decided january different considerations apply foreign sovereign avails privilege likewise extended comity suing courts see sapphire wall russian republic cibrario voluntarily appearing role suitor abandons immunity suit subjects procedure rules decision governing forum sought even domestic sovereign joining suit accepts whatever liabilities may decide reasonable incident act thekla stinson davis wall siren wall case domestic sovereign like situation rules must assumed founded principles justice applicable individuals relaxed response persuasive demand public policy generated nature suitor claim asserts guiding principle sufficiently appears many instances courts narrowly restricted application rule nullum tempus case domestic sovereign likewise appears cases justify rule applied suing state ground sovereign within state invocation rule nullum tempus protects public interest well every state beebe booth gill mcnamee ark cf people state california unable discern case foreign sovereign suit seeks justice according law forum considerations public policy support application rule nullum tempus domestic sovereign statute limitations statute repose designed protect citizens stale vexatious claims make end possibility litigation lapse reasonable time long regarded courts new york meritorious defense serving public interest bell morrison pet silliman pet campbell haverhill oregon lumber brooklyn bank barnaby schmidt merchants despatch transportation denial protection demand domestic sovereign interest domestic community debtor part hardly thought argue like surrender local interest favor foreign sovereign community represents say public interest forum goes far lay aside questions presented might arise national government conduct foreign affairs treaty appropriate action undertake restrict application local statutes limitations foreign governments enacting discriminate suits brought foreign government decide absence action limitation statutes forum run foreign government seeking remedy afforded forum run private litigants second respondent relying new york rules statute limitations run suit recover bank account liability upon repudiated tillman guaranty trust statute limitations run plaintiff forum assert rights oswego syracuse state board cayuga county state parmenter state argues recognition soviet government person notice petitioner repudiation given suit maintained recover deposit denied conformity generally accepted principles soviet government maintain suit courts recognition political department government reason access federal state courts denied soviet government recognition penza rogdai russian socialist republic cibrario supra preobazhenski cibrario argument ignores principle controlling recognized courts new york rights sovereign state vested state rather particular government may purport represent sapphire supra wall suit behalf may maintained courts government recognized political department government authorized government foreign state jones russian government lehigh valley aff sub nom lehigh valley state russia matter lehigh valley russian cibrario supra moore international law digest government regarded representative foreign sovereign state political rather judicial question determined political department government objections mination well underlying policy addressed courts action recognizing foreign government receiving diplomatic representatives conclusive domestic courts bound accept determination although free draw legal consequences litigations pending jones supra agency canadian car foundry american lehigh valley state russia supra accept conclusive determination state department russian state represented provisional government duly recognized representatives march november soviet government recognized times period nized diplomatic representative russian state notice concerning interests within communicated courts open purpose prosecuting suits behalf russian state fact period suits brought behalf federal state courts consistently ruled recognized ambassador financial attache authorized maintain stop inquire authority diplomatic representatives may question running statute limitations enough courts open suit behalf russian state right sue upon petitioner present claim vested political department government accorded recognition government state received diplomatic representatives extended privilege maintaining suit courts behalf state right opportunity sue upon claim petitioner suspended notice repudiation liability given duly recognized diplomatic representatives must far courts concerned taken notice state represented government argues recognition soviet government action many purposes validated government previous acts within territory see underhill hernandez oetjen central leather ricaud american metal belmont dougherty equitable life assurance luther sagor operates set naught legal consequences prior recognition provisional government representatives though recognition never accorded tantamount saying judgments suits maintained diplomatic representatives provisional government valid rendered became invalid upon recognition soviet government argument thus ignores distinction effect recognition foreign government respect acts within territory prior recognition effect upon previous transactions consummated predecessor nationals one operates validate limited extent acts de facto government virtue recognition become government de jure follow recognition renders effect transactions prior recognized government conformity declared policy government purpose recognition government nationals may conclusively advised government may safely carry business transactions representatives transactions valid entered disregarded later recognition successor government recognition idle ceremony yielding none advantages established diplomatic relations enabling business transactions proceed affording protection nationals carrying far advised sanctioned doctrine notion judgment suits maintained representative provisional government conclusive upon successor governments considered rejected russian government lehigh valley supra application writ prohibition denied matter lehigh valley conclude recognition soviet government left unaffected legal consequences previous recognition provisional government representatives attached action taken prior later recognition third claim russian government barred limitation assignee better position either rule nullum tempus virtue terms assignment need waste time refinements upon suggested distinction rights remedies may assume present purposes acquired assignment whatever rights survived running statute russian government may assert rights subject plea limitations may made petitioner already noted rule nullum tempus rests public policy protecting domestic sovereign omissions officers agents whose neglect lapse time otherwise deprive rights circumstances present case admit appeal policy neglect delay agents lost rights lapse time assignment question whether exemption consequences neglect agents enough relieve consequences russian government failure prosecute claim proof plea limitation statutory period run assignment offends policy protecting domestic sovereign deprives right proof demonstrates never acquired right free infirmity running limitations assignor public policy forbid buford pet king morrall price assuming respective rights petitioner soviet government altered petitioner right plead statute limitations curtailed force executive agreement president soviet government find nothing agreement assignment november purports enlarge assigned rights hands free consequences failure russian government prosecute claim within statutory period agreement assignment embodied letter litvinov people commissar foreign affairs soviet government president president letter date reply far relevant document signed behalf soviet government makes mention admitted due may found due successor prior governments otherwise american nationals including corporations companies partnerships associations purports assign amounts government soviet government agrees preparatory final settlement claims claims nationals make claims respect acts done settlements made government public officials nationals relating property credits obligations government russia nationals thereof relevant portion document signed president expressed following paragraph glad undertakings government shall pleased notify government case amount realized government release assignment amounts admitted due may found due nothing either document suggest acquire exert greater rights transferor president mere executive action purported intended alter diminish rights debtor respect assigned claims assignee soviet government done diplomatic collect claims conformity local law even language treaty wherever reasonably possible construed override state laws impair rights arising de la maza arredondo pet haver yaker wall dooley nielsen johnson todok union state bank assignment left unaffected right petitioner set previous running statute limitations fourth respondent assails finding district unqualified repudiation petitioner liability account support contention presents elaborate review evidence evidence said establish petitioner alleged repudiation tentative conditional await negotiations stable russian government upon recognition contention rejected respondent insists least conflict evidence inferences may drawn local practice resolved full trial rather summarily motion questions passed appeals case remanded proceedings conformity opinion reversed justice cardozo justice reed took part consideration decision case footnotes knight pet gibson chouteau wall thompson fink foreign sovereign suitor subject local rules domestic forum costs republic honduras soto emperor brazil robinson otho king greece wright beatrice queen holland drukker ch although local sovereign pay costs verdier foreign sovereign suing plaintiff must give discovery rothschild queen portugal wagner prioleau eq foreign sovereign plaintiff far thing done put position body corporate republic costa rica erlanger republic peru weguelin eq cf king spain hullett bligh presumption grant lapse time indulged domestic sovereign chaves rule nullum tempus never extended agencies grantees local sovereign municipalities county boards school districts like metropolitan district columbia boone county burlington held relieve sovereign giving notice required local law charge indorsers negotiable paper barker wheat cf cooke wilber national bank tax cases narrowly construed domestic sovereign bowers new york albany lighterage compare knight pet fink accorded recognition provisional government march continued recognize november soviet government recognized period declined recognize soviet government receive accredited representative certified litigations pending federal courts penza supra rogdai supra recognized bakhmeteff russian ambassador july june retired designated ughet custodian russian property ughet appointment financial attache april continued recognized november recognized charge ad interim absence ambassador december july diplomatic status stated certified present suit secretary state stated considered ughet status unaffected termination ambassador duties status certified department october july respectively russian government lehigh valley railroad bakhmeteff status ambassador certified may agency canadian car foundry american april rogdai june penza certificate respect bakhmeteff ughet given february respect ughet december faith two certificates lehigh valley railroad case supra stated government brief present case ordered paid ughet approximately paid treasurer account interest due obligations provisional government russia treasurer russian government lehigh valley affirmed lehigh valley state russia state russia bankers trust affirmed national city bank new york see also agency canadian car foundry american company