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  4. Document 788

812.51/1734

The Acting Secretary of State to the Mexican Ambassador ( Téllez )

Washington , June 29, 1931.

Excellency: I have the honor to acknowledge the receipt of your Note No. 0268 [02628] of June 26, 1931, in relation to litigation pending in the courts in the State of New York which Gustavo Gallopin instituted against Thomas W. Lamont and others constituting the so-called International Committee of Bankers on Mexico. You state that you are informed that an appeal taken by the defendants from an order issued by a Justice of the Supreme Court of the State of New York will be heard before the Appellate division of that Court on Friday, July 3, at 10:30 o’clock in the morning, and you ask that the Supreme Court of the State of New York be informed:

  • “First: That the government of Mexico declines to appear in the suit instituted by Mr. Gustavo Gallopin against Thomas Lamont and others:
  • “Second: That the funds which are in the possession of the Lamont firm and in connection with which Mr. Gallopin filed suit, are property of the Government of Mexico and therefore not subject to seizure since they belong to a foreign Government.”

I have requested the Attorney General to instruct the appropriate United States attorney to appear before the Appellate division at the time mentioned and state to that Court the position of this Government as above outlined.

Accept [etc.]

W. R. Castle, Jr.