Us Supreme Court Court March 1925 Judgments
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United States Vs. P. Lorillard Co.
Court: US Supreme Court
Decided on: Mar-23-1925
United States v. P. Lorillard Co. - 267 U.S. 471 (1925) U.S. Supreme Court United States v. P. Lorillard Co., 267 U.S. 471 (1925) United States v. P. Lorillard Company No. 319 Argued March 13, 1925 Decided March 23, 1925 267 U.S. 471 APPEAL FROM THE COURT OF CLAIMS Syllabus By Rev.Stats. 3386, as amended, a drawback on tobacco, etc., subsequently exported, on which the tax has been paid by affixing stamps before removal from the factory, is allowed "equal in amount to the value of the stamps found to have been so affixed." Held applicable to an additional tax on cigarettes imposed by the Act of February 24, 1919, payment of which would have been treated in practice as evidenced by the stamps already on the goods, if they had not been removed, but which, in view of their removal, took the form of a "floor tax." C. 18, Title VII, 700, 702, 40 Stat. 1057, 1116. P. 267 U. S. 473 . 58 Ct.Cls. 541 affirmed. Appeal from a judgment of the Court of Claims allowing recovery, b...
Lewis Vs. Roberts
Court: US Supreme Court
Decided on: Mar-16-1925
Lewis v. Roberts - 267 U.S. 467 (1925) U.S. Supreme Court Lewis v. Roberts, 267 U.S. 467 (1925) Lewis v. Roberts No. 284 Argued January 29, 1925 Decided March 16, 1925 267 U.S. 467 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Under 63a of the Bankruptcy Act, including among provable debts "(1) a fixed liability, as evidenced by a judgment . . absolutely owing at the time of the filing of the petition . . . ," a judgment founded on a tort (personal injuries caused by negligence) is a provable claim. P. 267 U. S. 468 . 294 F. 171 reversed. Page 267 U. S. 468 Certiorari to a decree of the circuit court of appeals affirming a decree of the district court which confirmed an order of a referee in bankruptcy disallowing the petitioner's claim. MR. JUSTICE SANFORD delivered the opinion of the Court. The petitioner, Lewis, recovered a judgment against the Montevallo Mining Company for personal injuries caused by its negligence. The company was th...
Olson Vs. United States Spruce Production Corp.
Court: US Supreme Court
Decided on: Mar-16-1925
Olson v. United States Spruce Production Corp. - 267 U.S. 462 (1925) U.S. Supreme Court Olson v. United States Spruce Production Corp., 267 U.S. 462 (1925) Olson v. United States Spruce Production Corporation No. 128 Argued March 5, 6, 1925 Decided March 16, 1925 267 U.S. 462 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON Syllabus 1. Where a federal statute excludes jurisdiction in state well as federal courts, judgment of a district court dismissing the case for that reason is not reviewable here directly under Jud.Code 238. P. 267 U. S. 467 . 2. The Dent Act, which provides for adjustment of certain classes of claims against the United States through the Secretary of War and by suit in the Court of Claims, did not purport to confer jurisdiction on that court over a suit against the United States Spruce Production Corporation, which, though a federal agency, is a corporation of the State of Washington. P. 267 U. S. 466 . 3. An action aga...
Lancaster Vs. Mccarty
Court: US Supreme Court
Decided on: Mar-09-1925
Lancaster v. McCarty - 267 U.S. 427 (1925) U.S. Supreme Court Lancaster v. McCarty, 267 U.S. 427 (1925) Lancaster v. McCarty No. 148 Submitted December 11, 1924 Decided March 9, 1925 267 U.S. 427 ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS Syllabus The second Cummins Amendment (August 9, 1916, c. 301, 39 Stat. 441), authorizing carriers to limit liability upon property received for transportation to the value declared in writing by the shipper, where the rates are based on such value pursuant to authority from the Interstate Commerce Commission, held applicable, and controlling the state law, in respect of a claim for damage to goods Page 267 U. S. 428 shipped intrastate between two points in Texas subject to tariff and classification adopted by the carrier pursuant to an order of the Commission requiring the carrier to remove discrimination against interstate commerce resulting from lower intrastate rates. Shrevep...
Sanford and Brooks Co. Vs. United States
Court: US Supreme Court
Decided on: Mar-09-1925
Sanford & Brooks Co. v. United States - 267 U.S. 455 (1925) U.S. Supreme Court Sanford & Brooks Co. v. United States, 267 U.S. 455 (1925) Sanford & Brooks Co. v. United States No. 175 Argued January 15, 1925 Decided March 9, 1925 267 U.S. 455 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. Where a government contract for dredging expressly required prompt, written protest against any order for work outside the specifications, written modification of the contract if altered materially, and written orders for extra work, held that oral protests by the contractor, a claim for additional compensation, and a favorable advisory opinion thereon by a government official, were insufficient to establish that these contract provisions were inapplicable or waived, or that a new, oral agreement for compensation quantum meruit was substituted by implication. P. 267 U. S. 457 . 2. A motion to remand to the Court of Claims for further findings should be submitted at the first term of the...
Brooks Vs. United States
Court: US Supreme Court
Decided on: Mar-09-1925
Brooks v. United States - 267 U.S. 432 (1925) U.S. Supreme Court Brooks v. United States, 267 U.S. 432 (1925) Brooks v. United States No. 286 Argued January 30, 1925 Decided March 9, 1925 267 U.S. 432 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA Syllabus 1. The Act punishing the transportation of stolen motor vehicles in interstate or foreign commerce is within the power of Congress. P. 267 U. S. 436 . 2. The third section of this act punishes anyone who transports or causes to be transported in interstate or foreign commerce a motor vehicle knowing it to have been stolen, and the fourth section punishes the acts of receiving, storing, concealing, disposing of, etc., "any motor vehicle, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing the same to have been stolen." Held that 4 is constitutional, since its purpose is merely to make more effective the regulation of 3, and it applies only...
Horowitz Vs. United States
Court: US Supreme Court
Decided on: Mar-09-1925
Horowitz v. United States - 267 U.S. 458 (1925) U.S. Supreme Court Horowitz v. United States, 267 U.S. 458 (1925) Horowitz v. United States No. 74 Argued October 15, 1924 Decided March 9, 1925 267 U.S. 458 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. The United States, when sued as a contractor, cannot be held liable for an obstruction to the performance of the particular contract resulting from its public and general acts as a sovereign. P. 267 U. S. 460 . 2. So held where the government, having sold silk to the claimant, did not ship it promptly, owing to an embargo placed on freight shipments of silk by the United States Railroad Administration, so that the claimant lost his opportunity to resell at a profit. 58 Ct.Cls. 189 affirmed. Page 267 U. S. 459 Appeal from a judgment of the Court of Claims dismissing the petition upon demurrer. MR. JUSTICE SANFORD delivered the opinion of the Court. This action was brought by Horowitz under the Tucker Act * to recover d...
Ex Parte Grossman
Court: US Supreme Court
Decided on: Mar-02-1925
Ex Parte Grossman - 267 U.S. 87 (1925) U.S. Supreme Court Ex Parte Grossman, 267 U.S. 87 (1925) Ex Parte Grossman No. 24, Original Argued December 1, 1924 Decided March 2, 1925 267 U.S. 87 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. A criminal contempt, committed by disobedience of an injunction issued by the District Court to abate a nuisance in pursuance of Page 267 U. S. 88 the Prohibition Law, is an "offence against the United States," within the meaning of Article II, 2, Cl. 1 of the Constitution, and pardonable by the President thereunder. P. 267 U. S. 108 . 2. Before our Revolution, the King of England had always exercised the power to pardon criminal contempts, the pardon being efficatious insofar as punishment was imposed in the public interest, to vindicate the authority of the King and Court (criminal contempt), but not insofar as imposed to secure the rights of a suitor (civil contempt). P. 267 U. S. 1...
Carroll Vs. United States
Court: US Supreme Court
Decided on: Mar-02-1925
Carroll v. United States - 267 U.S. 132 (1925) U.S. Supreme Court Carroll v. United States, 267 U.S. 132 (1925) Carroll v. United States No. 15 Argued December 4, 1923 Restored to docket for reargument January 28, 1924 Reargued March 14, 1924 Decided March 2, 1925 267 U.S. 132 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN Syllabus 1. The legislative history of 6 of the act supplemental to the National Prohibition Act, November 23, 1921, c. 134, 42 Stat. 223, which makes it a misdemeanor for any officer of the United States to search a private dwelling without a search warrant or to search any other building or property without a search warrant, maliciously and without reasonable cause, shows clearly the intent of Congress to make a distinction as to the necessity for a search warrant in the searching of private dwellings and in the searching of automobiles or other road vehicles, in the enforcement of the Prohibition Act. P. 267 U....
Pennsylvania Brotherhood Vs. Pennsylvania R. Co.
Court: US Supreme Court
Decided on: Mar-02-1925
Pennsylvania Brotherhood v. Pennsylvania R. Co. - 267 U.S. 219 (1925) U.S. Supreme Court Pennsylvania Brotherhood v. Pennsylvania R. Co., 267 U.S. 219 (1925) Pennsylvania System Board of Adjustment of the Brotherhood of Railway and Steamship Clerks v. Pennsylvania Railroad Company No. 629 Argued January 13, 1925 Decided March 2, 1925 267 U.S. 219 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Decided upon the authority of Pennsylvania Federation v. Penna. R. Co., ante p. 267 U. S. 203 . MR. CHIEF JUSTICE TAFT delivered the opinion of the Court. This case turns on substantially the same questions as those just decided in Pennsylvania Federation No. 90 against the same defendant, ante, p. 267 U. S. 203 . It is a bill in equity by a trade union called the Pennsylvania System Board of Adjustment of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, made up of several classes of employees, cleri...
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