Us Supreme Court Court February 1913 Judgments
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Van Iderstine Vs. National Discount Co.
Court: US Supreme Court
Decided on: Feb-24-1913
Van Iderstine v. National Discount Co. - 227 U.S. 575 (1913) U.S. Supreme Court Van Iderstine v. National Discount Co., 227 U.S. 575 (1913) Van Iderstine v. National Discount Company No. 136 Argued January 22, 23, 1913 Decided February 24, 1913 227 U.S. 575 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A general verdict in an equity case to declare a payment to be fraudulent preference in favor of the trustee, which was only advisory, and which was practically demanded by the instructions of the court, cannot be treated as a finding of intent by the bankrupt to defraud, of which intent defendant had notice. There is a difference between intent to defraud and intent to prefer -- the former is malum per se and the latter malum prohibitum, and only to the extent forbidden. A bona fide transfer of securities to secure a loan made to one who immediately thereafter becomes a bankrupt is not an illegal preference where the person making the loan ...
Home Tel. and Tel. Co. Vs. Los Angeles
Court: US Supreme Court
Decided on: Feb-24-1913
Home Tel. & Tel. Co. v. Los Angeles - 227 U.S. 278 (1913) U.S. Supreme Court Home Tel. & Tel. Co. v. Los Angeles, 227 U.S. 278 (1913) Home Telephone and Telegraph Company v. Los Angeles No. 610 Submitted October 28, 1912 Decided February 24, 1913 227 U.S. 278 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA Syllabus One whose rights protected by a provision of the federal Constitution which is identical with a provision of the state constitution are invaded by state officers claiming to act under a state statute is not debarred from seeking relief in the federal court under the federal Constitution until after the state court has declared that the acts were authorized by the statute. The provisions of the Fourteenth Amendment are generic in terms, and are addressed not only to the states but to every person, whether natural or judicial, who is the repository of state power. The reach of the Fourteenth Amendment is coextensive wit...
Wadkins Vs. Producers Oil Co.
Court: US Supreme Court
Decided on: Feb-24-1913
Wadkins v. Producers Oil Co. - 227 U.S. 368 (1913) U.S. Supreme Court Wadkins v. Producers Oil Co., 227 U.S. 368 (1913) Wadkins v. Producers Oil Company No. 638 Argued January 31, 1913 Decided February 24, 1913 227 U.S. 368 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus Where defendant's claim to land formerly part of the public domain is based on his grantor's rights under the statutes governing the disposition thereof, and sustained by the construction given to such statutes by the state court, the decision against the plaintiff involves the denial of a federal right as asserted by him. Under 2291, 2292, Rev.Stat., no rights accrue to the wife of an entryman who dies before the entry is perfected, and nothing passes under the inheritance laws of the state in which the land is situated. Under 3 of the Act of May 14, 1880, providing that settlers might file homestead entries and that their rights should relate back to date of settlement, the inchoate righ...
Bennett Vs. United States
Court: US Supreme Court
Decided on: Feb-24-1913
Bennett v. United States - 227 U.S. 333 (1913) U.S. Supreme Court Bennett v. United States, 227 U.S. 333 (1913) Bennett v. United States No. 603 Argued January 8, 1913 Decided February 24, 1913 227 U.S. 333 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Hoke v. United States, ante, p. 227 U. S. 308 , followed to effect that the White Slave Traffic Act of June 25, 1910, is constitutional. A variance in names cannot prejudice defendant if the allegation in the indictment and the proof so correspond that the defendant is informed of the charge and protected against another prosecution for the same offense. Variances as to the name of the woman transported or in the place where the tickets were procured or as to the number transported, between the indictment and proof of offense under the White Slave Traffic Act held not to have prejudiced the defendants, and not to be reversible error. Instructions to the jury that there is testimony tending ...
Bartell Vs. United States
Court: US Supreme Court
Decided on: Feb-24-1913
Bartell v. United States - 227 U.S. 427 (1913) U.S. Supreme Court Bartell v. United States, 227 U.S. 427 (1913) Bartell v. United States No. 691 Argued January 14, 1913 Decided February 24, 1913 227 U.S. 427 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA Syllabus An indictment, to be good under the Constitution and laws of the United States, must advise the accused of the nature and cause of the accusation sufficiently to enable him to meet the accusation and prepare for trial and so that, after judgment, he may he able to plead the record and judgment in bar of further prosecution for the same offense. While ordinarily documents essential to the charge of crime must be sufficiently described to make known the contents thereof, matter too obscene or indecent to be spread on the record may be referred to in a manner sufficient to identify it and advise the accused of the document intended without setting forth its contents, and so held a...
Porto Rico Vs. Rosaly Y Castillo
Court: US Supreme Court
Decided on: Feb-24-1913
Porto Rico v. Rosaly y Castillo - 227 U.S. 270 (1913) U.S. Supreme Court Porto Rico v. Rosaly y Castillo, 227 U.S. 270 (1913) Porto Rico v. Rosaly y Castillo No. 145 Submitted January 24, 1913 Decided February 24, 1913 227 U.S. 270 APPEAL FROM THE SUPREME COURT OF PORTO RICO Syllabus The government of Porto Rico cannot be sued without its consent. The government of Porto Rico, as established by the Organic Act, with some possible exceptions, comes within the general rule exempting a government sovereign in its attributes. That government of Porto Rico, as established by the Organic Act of April 12, 1900, is a strong likeness of that established for Hawaii which has immunity from suit. Kawananakoa v. Polyblank, 205 U. S. 349 . The provision in 7 of the Organic Act of Porto Rico that the people of Porto Rico shall have power to sue and be sued is not to be construed as destroying the grant of sovereignty given by the act itself. Like words may have one significance in ...
Rogers Vs. Arkansas
Court: US Supreme Court
Decided on: Feb-24-1913
Rogers v. Arkansas - 227 U.S. 401 (1913) U.S. Supreme Court Rogers v. Arkansas, 227 U.S. 401 (1913) Rogers v. Arkansas Nos. 576, 577 Argued January 21, 1913 Decided February 24, 1913 227 U.S. 401 ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS Syllabus Crenshaw v. Arkansas, ante, p. 227 U. S. 389 , followed to effect that the license tax required by the Arkansas act of April 1, 1909, regulating the sale of certain specified articles, is unconstitutional under the commerce clause as applied to persons soliciting orders for articles to be shipped from without the state. 144 S.W. 211 reversed. The facts, which involve the constitutionality under the commerce clause of the federal Constitution of a law Page 227 U. S. 402 of the State of Arkansas imposing a license on persons making sales within the state as applied to articles delivered from without the state, are stated in the opinion. Page 227 U. S. 408 MR. JUSTICE DAY delivered the opinion of the Court. The pla...
Hoke Vs. United States
Court: US Supreme Court
Decided on: Feb-24-1913
Hoke v. United States - 227 U.S. 308 (1913) U.S. Supreme Court Hoke v. United States, 227 U.S. 308 (1913) Hoke v. United States No. 381 Argued January 7, 8, 1913 Decided February 24, 1913 227 U.S. 308 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS Syllabus The power given to Congress by the Constitution over interstate commerce is direct, without limitation, and far-reaching. Hipolite Egg Co. v. United States, 220 U. S. 45 . Commerce among the states consists of intercourse and traffic between their citizens, and includes the transportation of persons as well as property. Page 227 U. S. 309 While our dual form of government has its perplexities, state and Nation having different spheres of jurisdiction, we are one people, and the powers reserved to the states and those conferred on the Nation are adapted to be exercised, whether independently or concurrently, to promote the general welfare, material and moral. While women are not a...
Zimmerman Vs. Harding
Court: US Supreme Court
Decided on: Feb-24-1913
Zimmerman v. Harding - 227 U.S. 489 (1913) U.S. Supreme Court Zimmerman v. Harding, 227 U.S. 489 (1913) Zimmerman v. Harding Nos. 771, 894 Submitted January 10, 1913 Decided February 24, 1913 227 U.S. 489 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus A partnership formed to run a hotel for which a lease is obtained held, in the absence of any stipulation as to duration, to be for the term of the lease. Where partnerships are regulated by statute, as in Porto Rico, the rights of one attempting to dissolve depend upon the statute, rather than on general law applicable elsewhere. The right to dissolve under 1607, Civil Code Porto Rico, is confined to partnerships the duration of which has not been fixed; under 1609, a partnership for fixed duration can only be dissolved for sufficient cause shown to the court, and one attempting to dissolve before the fixed termination and to exclude the other from participation must account to the latter f...
Wells, Fargo and Co. Vs. Nieman-marcus Co.
Court: US Supreme Court
Decided on: Feb-24-1913
Wells, Fargo & Co. v. Nieman-Marcus Co. - 227 U.S. 469 (1913) U.S. Supreme Court Wells, Fargo & Co. v. Nieman-Marcus Co., 227 U.S. 469 (1913) Wells, Fargo & Company v. Nieman-Marcus Company No. 29 Argued November 5, 1912 Decided February 24, 1913 227 U.S. 469 ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS Syllabus Whether void or not under the state statute, a provision in an express receipt limiting recovery in case of loss or negligence is valid as to interstate shipment under the Carmack Amendment if fairly made for the purpose of applying to the shipment the lower of two rates Page 227 U. S. 470 based upon valuation. Adams Express Co. v. Croninger, 226 U. S. 491 . A statement filed in the case that a clause in a contract is void under a statute is a concession for purposes of argument as to a matter of law, and cannot conclude anyone, as it does not operate to withdraw the contract from the case nor its validity f...
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