Us Supreme Court Court May 1909 Judgments
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Adams Express Co. Vs. Kentucky
Court: US Supreme Court
Decided on: May-24-1909
Adams Express Co. v. Kentucky - 214 U.S. 218 (1909) U.S. Supreme Court Adams Express Co. v. Kentucky, 214 U.S. 218 (1909) Adams Express Company v. Kentucky No. 144 Argued pril 8, 1909 Decided May 24, 1909 214 U.S. 218 ERROR TO THE CIRCUIT COURT OF HART COUNTY, STATE OF KENTUCKY Syllabus Where the state court denied the contention of plaintiff in error, defendant below, that a state statute as applied to transportation of an article from one state to another was in conflict with the commerce clause of the Constitution, a federal question is involved and this Court has jurisdiction. Western Turf Association v. Greenberg, 204 U. S. 359 . However obnoxious and hurtful, in the judgment of many, liquor may be, it is a recognized article of commerce, Leisy v. Hardin, 135 U. S. 100 , and a state law denying the right to send it from one state to another is in conflict with the commerce clause of the Constitution of the United States. Vance v. Vandercook Co., No. 1, 170 U. ...
Wild Vs. Provident Life and Trust Co.
Court: US Supreme Court
Decided on: May-24-1909
Wild v. Provident Life & Trust Co. - 214 U.S. 292 (1909) U.S. Supreme Court Wild v. Provident Life & Trust Co., 214 U.S. 292 (1909) Joseph Wild & Company v. Provident Life & Trust Company No.190 Argued April 29, 1909 Decided May 24, 1909 214 U.S. 292 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Where a creditor, who had no knowledge of the debtor's insolvency, has a claim upon an open account for goods sold and delivered during the period of four months before the adjudication in bankruptcy, the account being made of debts and credits, leaving a net amount due from the bankrupt estate, the payments made under such circumstance do not constitute preferences which the creditor is bound to surrender before proving his claim. Yaple v. Dahl-Millikan Grocery Co., 193 U. S. 526 , followed; Pirie v. Trust Co., 182 U. S. 438 , distinguished. 153 F. 562 reversed. The facts are stated in the opinion. Page 214 U. S. 296 MR. JUSTICE MOODY delivered t...
Kreigh Vs. Westinghouse and Co.
Court: US Supreme Court
Decided on: May-24-1909
Kreigh v. Westinghouse & Co. - 214 U.S. 249 (1909) U.S. Supreme Court Kreigh v. Westinghouse & Co., 214 U.S. 249 (1909) Kreigh v. Westinghouse Church, Kerr & Company No. 188 Argued April 27, 28, 1909 Decided May 24, 1909 214 U.S. 249 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Where at the time of removal to the federal court, neither of the parties was a resident nor citizen of the district, that defect, although jurisdictional, being only as to the particular district, can be waived, and is waived if, as in this case, the parties make up the issues on the merits without objecting to the jurisdiction. In re Moore, 209 U. S. 490 ; Western Loan Co. v. Butte Co., 210 U. S. 368 . It is the duty of the master to use reasonable diligence in providing a safe place for his employees to work in and to carry on his business, and the employee may, in the absence of notice to the contrary, assume that the master will use reasonable care in furnish...
Washington Vs. Oregon
Court: US Supreme Court
Decided on: May-24-1909
Washington v. Oregon - 214 U.S. 205 (1909) U.S. Supreme Court Washington v. Oregon, 214 U.S. 205 (1909) Washington v. Oregon No. 3, Original Petition filed March 8, 1909 Decided May 24, 1909 214 U.S. 205 ON PETITION FOR REHEARING Syllabus Washington v. Oregon, 211 U. S. 127 , reaffirmed on rehearing. Although the volume of water and depth of a channel have constantly diminished, if it all results from process of accretion, or, as in this case, possibly from jetties constructed by governmental authority, that channel still remains the boundary line, the precise line of separation being the varying center thereof. The settlement of boundaries is generally attended with difficulties, and it is wise for adjacent states to adjust their boundaries by boundary commissions and agreements, as has been done with the consent of Congress in several instances. The facts, which involve the boundary between the States of Washington and Oregon as the same was determined by this Court i...
Bong Vs. Campbell Art Co.
Court: US Supreme Court
Decided on: May-24-1909
Bong v. Campbell Art Co. - 214 U.S. 236 (1909) U.S. Supreme Court Bong v. Campbell Art Co., 214 U.S. 236 (1909) Bong v. Alfred S. Campbell Art Company No. 160 Argued April 15, 1909 Decided May 24, 1909 214 U.S. 236 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under 4952, Rev.Stat., as amended by the Act of March 3, 1891, c. 565, 26 Stat. 1106, the assignee of an author of a painting is not entitled to copyright unless the author is a citizen of a country to the citizens of which reciprocal copyright privileges have actually been extended by proclamation of the President in conformity with 13 of the Act of March 3, 1891. The fact that the assignee is a citizen of such a country does not entitle him to copyright. An assignee within the meaning of the copyright statute is one who receives a transfer not necessarily of the painting, but of the right to multiply copies thereof, and such right depends not only upon the statute, but is derived also from...
Bryant Vs. Swofford Bros. Dry Goods Co.
Court: US Supreme Court
Decided on: May-24-1909
Bryant v. Swofford Bros. Dry Goods Co. - 214 U.S. 279 (1909) U.S. Supreme Court Bryant v. Swofford Bros. Dry Goods Co., 214 U.S. 279 (1909) Bryant v. Swofford Bros. Dry Goods Co. No. 172 Argued April 22, 23, 1909 Decided May 24, 1909 214 U.S. 279 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In this case, held that the sale of a stock of dry goods under a contract by which the articles sold remained the property of the vendor until paid for, with provision for substitution of other goods and that proceeds of goods sold also belonged to the vendor, was a conditional sale. The validity of conditional sales depends upon the law of the state where made, and in bankruptcy the construction and validity of such a contract must be determined by the local law of the state, York Manufacturing Co. v. Cassell, 201 U. S. 344 , and the contract in this case as tested by the law of Arkansas is a conditional sale, and is valid without record. The trustee h...
Cabrera Vs. American Colonial Bank
Court: US Supreme Court
Decided on: May-24-1909
Cabrera v. American Colonial Bank - 214 U.S. 224 (1909) U.S. Supreme Court Cabrera v. American Colonial Bank, 214 U.S. 224 (1909) Cabrera v. American Colonial Bank No. 136 Submitted April 7, 1909 Decided May 24, 1909 214 U.S. 224 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus The provisions of the Spanish Civil Code, which was in force in Porto Rico until 1902, to the effect that the obligations of a contract must be complied with according to their terms and that evidence cannot be introduced to vary them are practically the same as the principles of the common law, and are subject to similar well recognized exceptions. The face of an instrument is not always conclusive of its purpose; and, in equity, extrinsic evidence is admissible to show that a conveyance, absolute in form, is intended as security, and in this case, testimony addressed to the consideration of the bill of sale, and showing that, although on its face the vendee agreed to giv...
United States Vs. Shipp
Court: US Supreme Court
Decided on: May-24-1909
United States v. Shipp - 214 U.S. 386 (1909) U.S. Supreme Court United States v. Shipp, 214 U.S. 386 (1909) United States v. Shipp No. 5, Original Argued March 2, 3, 1909 Decided May 24, 1909 214 U.S. 386 I NFORMATION IN CONTEMPT Syllabus The court, having already held, 203 U. S. 203 U.S. 563, that the information sufficiently set forth a contempt of the court to punish which the court has jurisdiction, now finds on the testimony taken under its direction that certain of the defendants named were guilty of the contempt as charged and directs that attachments issue against them, and that the defendants not found guilty be discharged. Where a riot and the lawless acts of those engaged therein are the direct result of opposition to the administration of the law by this Page 214 U. S. 387 Court, those who defy its mandate and participate in, or who knowingly fail to take the proper means within their official power and duty to prevent, acts of violence having for their obj...
Tupino Vs. La Compania De Tabacos
Court: US Supreme Court
Decided on: May-24-1909
Tupino v. La Compania de Tabacos - 214 U.S. 268 (1909) U.S. Supreme Court Tupino v. La Compania de Tabacos, 214 U.S. 268 (1909) Tupino v. La Compania General de Tabacos de Filipinas No. 148 Argued April 14, 15, 1909 Decided May 24, 1909 214 U.S. 268 ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus Distinct judgments in favor of or against distinct parties, though in the same record, cannot be joined to give this Court jurisdiction. While in case of joint entry and ouster, where the answer of all defendants takes issue without setting up separate claims to distinct parcels, and the judgment for recovery of possession is against all defendants jointly, the measure of appellate jurisdiction is the value of the whole land, Friend v. Wise, 111 U. S. 797 , where there is no allegation of joint ownership or joint possession, and the controversy with each defendant relates to a separate and distinct parcel, and judgment is rendered separately, the measure as to eac...
Santiago Vs. Nogueras
Court: US Supreme Court
Decided on: May-24-1909
Santiago v. Nogueras - 214 U.S. 260 (1909) U.S. Supreme Court Santiago v. Nogueras, 214 U.S. 260 (1909) Santiago v. Nogueras No. 127 Submitted April 7, 1909 Decided May 24, 1909 214 U.S. 260 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus By the ratifications of the Treaty of Peace of 1898 with Spain, Porto Rico ceased to be subject to that country and became subject to the legislative power of Congress, but, pending the action of Congress, and the necessary delay in establishing civil government, there was no interregnum, and the authority to govern the territory ceded by the treaty was, by the law applicable to conquest and cession, under the military control of the President as Commander in Chief. Cross v. Harrison, 16 How. 164. The military authority in control of ceded conquered territory at the time of a treaty of peace continues, if not dissolved by the Commander-in-Chief, until legislatively changed; nor is there any presumption of a cont...
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