Court : US Supreme Court
Broad River Power Co. v. South Carolina - 281 U.S. 537 (1930) U.S. Supreme Court Broad River Power Co. v. South Carolina, 281 U.S. 537 (1930) Broad River Power Co. v. South Carolina No. 528. Argued May 2, 1930 Decided May 19, 1930 281 U.S. 537 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus 1. Upon review of a decision of a state court denying the existence under the load law of a right alleged to exist under that law and for which protection was claimed under the federal Constitution, the province of this Court is to inquire whether the decision rests upon a fair or substantial basis, and if there was no evasion of the constitutional issue, and the nonfederal ground has fair support, this Court will not inquire whether the rule applied by the state court is right or wrong, or substitute its own view of what should be deemed the better rule for that of the state court. P. 281 U. S. 540 . 2. Two South Carolina corporations, one of them with a franchise to establi...
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Pittsburgh & West Virginia Ry. Co. v. United States - 281 U.S. 479 (1930) U.S. Supreme Court Pittsburgh & West Virginia Ry. Co. v. United States, 281 U.S. 479 (1930) Pittsburgh & West Virginia Ry. Co. v. United States No. 680 Argued April 15, 1930 Decided May 19, 1930 281 U.S. 479 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus 1. The fact that a railway company intervened before the Interstate Commerce Commission to oppose the granting to another railway company of a certificate of public convenience and necessity permitting the latter to abandon one of its stations and to use instead the facilities of a terminal established by other carriers gives the intervening Page 281 U. S. 480 company no standing to bring an independent suit under the Urgent Deficiencies Act of October 22, 1913, to set aside the order of the Commission granting the certificate in the absence of resulting actual or threatened legal injury to such compla...
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United States v. Chicago, M., St.P. & P. R. Co. - 282 U.S. 311 (1931) U.S. Supreme Court United States v. Chicago, M., St.P. & P. R. Co., 282 U.S. 311 (1931) United States v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company No. 10 Argued April 24, 25, 1930 Reargued November 25, 1930 Decided January 5, 1931 282 U.S. 311 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus A plan of reorganization of an insolvent railroad company provided for participation by stockholders of the old company through an exchange of their shares, plus a cash payment, for securities of the new company. Part of the proceeds of payments made by stockholders under this arrangement went into a separate fund representing $4 per share of the old stock. Of this sum, an amount equivalent to $1.50 per share was set aside as a special fund to provide for the compensation of the reorganization managers and committees, Page 282 U. S. 312 etc., it bei...
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United States v. Atlanta, B. & C. R. Co. - 282 U.S. 522 (1931) U.S. Supreme Court United States v. Atlanta, B. & C. R. Co., 282 U.S. 522 (1931) United States v. Atlanta, Birmingham & Coast Railroad Company No. 88 Argued January 29, 30, 1931 Decided February 24, 1931 282 U.S. 522 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus 1. A passage in a report of the Interstate Commerce Commission specifying the maximum amount the Commission finds may be included by a railroad company in its balance sheet statement as representing investment in newly acquired road and equipment, and notifying the company that it will be expected to adjust its accounts in accordance with the finding within 60 days from service of the report, is not an "order" of the Commission, and jurisdiction of a suit to annul it is not conferred on the district court of three judges by the Urgent Deficiencies Act of October 22, 1913. P. 282 U. S. 527 . 2. Such a...
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Burnet v. Houston - 283 U.S. 223 (1931) U.S. Supreme Court Burnet v. Houston, 283 U.S. 223 (1931) Burnet v. Houston No.199 Argued March 12, 1931 Decided April 13, 1931 283 U.S. 223 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. In the reorganization of a trust company in receivership, it was agreed that directors of the company who subscribed to a fund for administering and liquidating certain collateral should have an interest in what might be realized in excess of a value guaranteed to the company. Held, that such an interest is "property." P. 283 U. S. 226 . 2. Under 21(a)(5) and 202(a)(1) of the Revenue Act of 1918, where a property interest acquired before March 1, 1913, in a transaction entered into for profit is sold in the taxable year at a loss, the loss deductible is limited by the value of the property on March 1, 1913, if that is less than original cost. P. 283 U. S. 227 . 3. A taxpayer claiming such deduction must prove, b...
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Alton Railroad v. United States - 287 U.S. 229 (1932) U.S. Supreme Court Alton Railroad v. United States, 287 U.S. 229 (1932) Alton Railroad v. United States No. 81 Argued October 10, 11, 1932 Decided December 5, 1932 287 U.S. 229 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. Where one of several carriers which, by their agreement, have established joint rates and fixed the divisions, is illegally deprived of part or all of its agreed share through the action of the other carriers in dividing the freight collections on another basis, the aggrieved carrier is entitled to apply under 15(6) of the Interstate Commerce Act for an order that the agreed divisions be maintained, and the Commission cannot refuse to entertain the complaint. P. 287 U. S. 236 . 2. An order of the Commission denying relief under such an application, upon a finding that the reduced divisions complained of are not "unjust, unreasonable, or otherw...
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Pinellas Ice & Cold Storage Co. v. Commissioner - 287 U.S. 462 (1933) U.S. Supreme Court Pinellas Ice & Cold Storage Co. v. Commissioner, 287 U.S. 462 (1933) Pinellas Ice & Cold Storage Co. v. Commissioner No. 182 Argued December 12, 13, 1932 Decided January 9, 1933 287 U.S. 462 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT 1. A sale by one corporation to another of all of its property for a money consideration part in cash and the remainder to be paid in installments, evidenced meanwhile by the promissory notes of the vendee, held not to be an "exchange" of property for cash and "securities" by a "party to a reorganization," within the meaning of 203(b)(3)(h) of the Revenue Act of 1926, which provides that in the transactions to which it refers the gain or loss shall not be considered in computing the income tax of the transferor. P. 287 U. S. 468 . Page 287 U. S. 463 2. To constitute a "reorganization" within the meaning of 203(b)(3)(h)(A) of the...
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal841
C.C. Ghose, Ag. C.J.1. The facts involved in this appeal, shortly stated, are as follows: One Pasupathi Nath Mukerjee, a wealthy Hindu inhabitant of Calcutta, died on 9th May 1919 possessed of considerable movable and immovable properties and leaving a will executed by him on the said 9th May 1919. The Administrator-General of Bengal was appointed, executor under the will. He applied for Probate of the said will to this Court on its Original Side and a caveat was entered by the widow of the testator Srimutty Parijat Debi. The application for Probate was set down to be heard as a contentious cause and it was numbered as suit No. 13 of 1920. A period of nearly eight years was taken to obtain evidence on commission of various witnesses on both sides. The suit came on for hearing before Costello, J., some time in 1928 and after the hearing had gone on for 11 days, the parties beneficially interested in the testator's estate came to a settlement whereby the caveat was discharged and probate...
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National Surety Co. v. Coriell - 289 U.S. 426 (1933) U.S. Supreme Court National Surety Co. v. Coriell, 289 U.S. 426 (1933) National Surety Co. v. Coriell No. 8 Argued December 15, 1932 Decided May 22, 1933 289 U.S. 426 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. It is improper for the District Court in a receivership case to pass upon the wisdom and fairness of a plan of reorganization and the rights of nonassenting creditors without definite, detailed and authentic information. Held that a decree of approval, made without any trustworthy appraisal of assets, or account showing the result of recent operations of the business; without an accurate determination of the number of creditors, the amounts of their respective Page 289 U. S. 427 claims, and the extent to which collateral given or payments made to some of them might be deemed preferences, must be reversed. P. 289 U. S. 435 . 2. The error of the District Court in not requiring...
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Tait v. Western Maryland Railway Co. - 289 U.S. 620 (1933) U.S. Supreme Court Tait v. Western Maryland Railway Co., 289 U.S. 620 (1933) Tait v. Western Maryland Railway Co. No. 842 Argued May 12, 1933 Decided May 29, 1933 289 U.S. 620 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. In computing income tax, the Commissioner of Internal Revenue and Board of Tax Appeals denied the right of a corporation to deduct from gross income an amortized proportion of the discount on sales of bonds by its predecessors. On appeal to the Circuit Court of Appeals, the right was sustained. Held that the judgment worked an estoppel against the United States and the Collector in later litigation with the corporation as to its right to make like deductions for subsequent years under the same statutory provisions and Treasury regulations. Pp. 289 U. S. 623 , 289 U. S. 625 . 2. It will not be inferred that Congress, merely by adopting the scheme of annual tax ...
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