Court : US Supreme Court
United States v. Swift & Co. - 270 U.S. 124 (1926) U.S. Supreme Court United States v. Swift & Co., 270 U.S. 124 (1926) United States v. Swift & Company Nos. 288 and 289 Submitted November 24, 1925 Decided March 1, 1926 270 U.S. 124 APPEALS FROM THE COURT OF CLAIMS Syllabus 1. A finding by the Court of Claims that a general who signed a contract for army supplies was the representative of the Quartermaster's Department in that regard held conclusive on this Court as a finding of fact, or of mixed law and fact, where the result involved consideration of apparent conflicts of jurisdiction of many food supply agencies during the war, and of orders from the War Department and Quartermaster's Department, the effect of which was limited in practice, all of which were before the Court of Claims. P. 270 U. S. 137 . 2. Orders for the purchase of bacon for the Army, accepted by the seller and signed by the proper representatives of the Quartermaster's Department and the Food Admi...
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Culver v. United States - 271 U.S. 315 (1926) U.S. Supreme Court Culver v. United States, 271 U.S. 315 (1926) Culver v. United States No. 816 Submitted April 12, 1926 Decided May 24, 1926 271 U.S. 315 CERTIORARI TO THE COURT OF CLAIMS Syllabus After issuance by the President of Army Regulation 1269 1/2, an officer of flying status assigned to the War College, as a student, by order of the Secretary of War, was required by that regulation to participate regularly and frequently in aerial flights, and was therefore entitled to extra pay under § 13a of the Army Reorganization Act; but prior to the date of that regulation it was otherwise, since the officer, even though he took regular flights, was not required to do so, being relieved from the Air Service regulation in that regard by the order of the Secretary assigning him to the War College. 60 Ct.Cls. 825 reversed. Certiorari to a judgment of the Court of Claims dismissing a petition for extra pay. MR. JUSTICE BUTLER...
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Goodyear Tire & Rubber Co. v. United States - 273 U.S. 100 (1927) U.S. Supreme Court Goodyear Tire & Rubber Co. v. United States, 273 U.S. 100 (1927) Goodyear Tire & Rubber Company v. United States No. 90 Submitted December 9, 1926 Decided January 3, 1927 273 U.S. 100 APPEAL FROM THE COURT OF CLAIMS Syllabus In the provision in the Revenue Acts of 1918 and 1921, imposing a stamp tax of two cents per "$100 of face value or fraction thereof" on transfers of the legal title to shares or certificates of stock, "face value" is synonymous with par value. The par value fixed by the corporate charter at the time of transfer of a certificate is the true par value, and must control, in assessment of the tax, over any different par value stated on the face of the certificate. P. 273 U. S. 102 . 60 Ct.Cls. 486 reversed. Appeal from a judgment of the Court of Claims rejecting a claim for recovery of an excessive tax. Page 273 U. S. 101 MR. JUSTICE STONE delivered the opinion of the...
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FTC v. Claire Furnace Co. - 274 U.S. 160 (1927) U.S. Supreme Court FTC v. Claire Furnace Co., 274 U.S. 160 (1927) Federal Trade Commission v. Claire Furnace Company No. 1 Argued December 6, 1923 Reargued November 24, 1925 Decided April 18, 1927 274 U.S. 160 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. An order of the Federal Trade Commission requiring a corporation to submit report concerning its business, under 6 of the Federal Trade Commission Act is enforceable by the Commission only by requesting the Attorney General to institute mandamus proceedings under 9, or by supplying him with the facts necessary to enforce the forfeiture of $100 per day prescribed by 10 for continued failure to file such reports after notice. P. 274 U. S. 170 . 2. As the validity of such orders may be fully contested in such mandamus or forfeiture proceedings, if instituted in the exercise of his discretion by the Attorney General, these offer an adequate legal...
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Burnrite Coal Briquette Co. v. Riggs - 274 U.S. 208 (1927) U.S. Supreme Court Burnrite Coal Briquette Co. v. Riggs, 274 U.S. 208 (1927) Burnrite Coal Briquette Co. v. Riggs No. 227 Argued March 11, 14, 1927 Decided May 2, 1927 274 U.S. 208 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. The objection to the bringing of a suit, dependent on diversity of citizenship, in the district court in a which neither party is a citizen goes to the venue, and may be waived by general appearance and other action. P. 274 U. S. 211 . 2. A federal district court may, under its general equity powers independently of any state statute, entertain a bill of a stockholder against the corporation for the appointment of at least a temporary receiver in order to prevent threatened diversion or loss of assets through gross fraud and mismanagement of its officers. P. 274 U. S. 212 . 3. The fact that a bill seeking appointment of a receiver of a corporation is brough...
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St. Louis & S.F. R. Co. v. Spiller - 274 U.S. 304 (1927) U.S. Supreme Court St. Louis & S.F. R. Co. v. Spiller, 274 U.S. 304 (1927) St. Louis & San Francisco Railroad Company v. Spiller No. 577 Argued April 12, 1927 Decided May 16, 1927 274 U.S. 304 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. Assuming that a shipper's claim for moneys collected from him by a railroad through excessive charges might be entitled to preferential Page 274 U. S. 305 payment from receivers of the railroad, subsequently appointed, if the moneys were traced into their hands, they are not so traced by showing that, for years which elapsed between the time of the overcharges and the transfer of the railroad property from the receivership to a new company, the old company and the receivers had at all times, in banks on which checks for current expenses were drawn, an aggregate working balance largely exceeding the claim. P. 274 U. S. 309 . 2. The equitable doctri...
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR598; 110Ind.Cas.649
Blackwell, J.1. This is a petition to sanction a reduction and reorganization of the capital of a company. The petition is opposed by certain shareholders of the company.2. The capital of the company as fixed by its memorandum of association is Rs. ten crores divided into twenty lacs preference shares of Rs. 10 each and eighty lacs ordinary shares of Rs. 10 each, and the issued and subscribed capital of the company is twenty lacs cumulative preference shares of Rs. 10 each and forty lacs ordinary shares of Rs. 10 each. The whole of the issued and subscribed capital has been taken up and fully paid.3. Article 52 of the articles of association of the company provides that the company may from time to time by special resolution reduce its capital as therein indicated. Article 55 of the articles of association of the company is in the following terms:-Whenever the capital, by reason of the issue of preference shares or otherwise, is divided into different classes of shares, all or any of t...
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1115
Blanesburgh, J.1. The Tata Industrial Bank, Limited, was in the year 1917 incorporated under the Indian Companies Act, 1918, for the purpose of carrying on the business of banking in all its branches. It had a nominal capital of twelve crores of rupees, divided into 1,600,000 shares of 75 rupees each. In July, 1923, 1,000,893 of its shares were in issue, and on each of them the sum of Us. 22-8 had been paid up. There was therefore an uncalled liability of Rs. 52-8 on every issued share, In July, 1923, the first appellant was the holder of one hundred of these 1,000,893 shares, and the second appellant was the holder of live. The relatively trifling amount of these holdings constitutes a circumstance of relevance at many stages of this case.2. It seems to be accepted on all hands that for some years prior to July, 1923, the Tata Bank had been losing ground. It is in evidence that its deposits had in two and a half years sunk from twelve crores to three and a half crorers. Its industrial...
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Lewis v. United States - 279 U.S. 63 (1929) U.S. Supreme Court Lewis v. United States, 279 U.S. 63 (1929) Lewis v. United States No. 182 Argued December 3, 4, 1928 Decided March 5, 1929 279 U.S. 63 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. An offense committed within the territorial limits of the Eastern District of Oklahoma, as then existing, was indictable and triable Page 279 U. S. 64 in the court of that district after the county where the offense was committed had been transferred by the Act of February 16, 1925 (amending Jud.Code, 101), to the new Northern District, this jurisdiction having been reserved by the terms of the Act and of Jud.Code, 59. P. 279 U. S. 70 . 2. The court of the Eastern District, as it is since the transfer of territory, is the same court as before, and whether exercising its jurisdiction over its restricted district or over transferred parts of the former district, sits as one and the same tribunal. P...
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St. Louis & O'Fallon Ry. Co. - 279 U.S. 461 (1929) U.S. Supreme Court St. Louis & O'Fallon Ry. Co., 279 U.S. 461 (1929) St. Louis & O'Fallon Railway Company Nos. 131 and 132 Argued January 3, 4, 1929 Decided May 20, 1929 279 U.S. 461 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus 1. Under Jud.Code 238, as amended, this Court has jurisdiction to review directly the final decree of a district court of three judges in a suit to annul an order of the Interstate Commerce Commission directing a railway company to place in a reserve fund one-half of its excess net income, as determined under 15a of the Interstate Commerce Act, and to pay the other one-half to the Commission. P. 279 U. S. 481 . 2. This Court accepts the conclusion of the Interstate Commerce Commission and the district court that the two carrier plaintiffs in this suit -- one operating a switching railroad in St. Louis, Missouri, and the other a coal-carrying ...
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