Court : US Supreme Court
Harrigan v. Bergdoll - 270 U.S. 560 (1926) U.S. Supreme Court Harrigan v. Bergdoll, 270 U.S. 560 (1926) Harrigan v. Bergdoll No. 181 Argued November 23, 24, 1925 Decided April 12, 1926 270 U.S. 560 CERTIORARI TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA Syllabus 1. The state statute of limitations prescribing the time within which a suit may be brought against a shareholder of a local corporation to collect unpaid stock subscription for defrayal of the corporation's debt applies when the suit is brought by a trustee of a bankrupt corporation pursuant to an order of the bankruptcy court assessing its shareholder. P. 270 U. S. 564 . 2. The nature, extent, and condition of the liability of a stockholder on account of the stock not full-paid, depend primarily on the law of the state or country by which the corporation was created. Id. 3. That law determines whether the liability is to the corporation or to creditors; if to the corporation, the right passes to its trus...
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Minneapolis & St.L. R. Co. v. Peoria & Pekin Ry. Co. - 270 U.S. 580 (1926) U.S. Supreme Court Minneapolis & St.L. R. Co. v. Peoria & Pekin Ry. Co., 270 U.S. 580 (1926) Minneapolis & St. Louis Railroad Company v. Peoria & Pekin Union Railway Company No. 767 Argued March 17, 1926 Decided April 12, 1926 270 U.S. 580 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA Syllabus 1. An order of the Interstate Commerce Commission dismissing, without reservation, a complaint, necessarily operates to rescind an earlier order which rested upon that complaint alone. P. 270 U. S. 584 . Page 270 U. S. 581 2. Such an order operates according to its term until modified by formal action of the Commission, and cannot be affected by an opinion of what was intended by it, expressed by a Commissioner in a telegram. P. 270 U. S. 585 . 3. An order of the Commission reopening a case for further hearing had not the effect of reviving a former order, granting relie...
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Moore v. New York Cotton Exchange - 270 U.S. 593 (1926) U.S. Supreme Court Moore v. New York Cotton Exchange, 270 U.S. 593 (1926) Moore v. New York Cotton Exchange No. 200 Argued March 9, 1926 Decided April 12, 1926 270 U.S. 593 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Relief, under the Trade Commission Act, against unfair competition must be afforded in the first instance by the Commission. P. 270 U. S. 603 . 2. A decree of the circuit court of appeals affirming orders which denied an interlocutory injunction to the plaintiff and granted one to the defendant, and remanding the cause with direction to dismiss the bill and make the injunction permanent, is final for purposes of appeal. Id. 3. Transactions between the members of the New York Cotton Exchange, consisting of agreements made on the spot for purchase and sale of cotton for future delivery, the cotton to be represented by warehouse receipts issued by a licensed warehouse in t...
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Keith v. Johnson - 271 U.S. 1 (1926) U.S. Supreme Court Keith v. Johnson, 271 U.S. 1 (1926) Keith v. Johnson No. 295 Argued January 6, 1926 Decided April 12, 1926 271 U.S. 1 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The New York transfer tax (Cons.Ls. c. 60, Art. X) is primarily payable by the personal representative out of the estate, and not by the heirs, though they are required to pay if the property is transferred to them without prior deduction of the tax. P. 271 U. S. 4 . 2. An executrix who paid this tax, as required, out of funds of the estate was entitled, under the Revenue Act of 1916, to deduct the amount from the income of the estate, during administration, for the purpose of computing the net income subject to the federal income tax. P. 271 U. S. 9 . 3 F.2d 361 affirmed. Certiorari to a judgment of the circuit court of appeals affirming a judgment in the district court against the Collector in an action to recover mon...
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Luckett v. Delpark, Inc. - 270 U.S. 496 (1926) U.S. Supreme Court Luckett v. Delpark, Inc., 270 U.S. 496 (1926) Luckett v. Delpark, Inc. No. 220 Argued March 16 1926 Decided April 12, 1926 270 U.S. 496 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Syllabus 1. A suit is within the jurisdiction of the district court, as arising under the patent laws, where the bill seeks an injunction against infringement, with profits and damages, even though it contain averments in denial of an anticipated defense of license or authority Page 270 U. S. 497 to use the patent. Hartell v. Tilghman, 99 U. S. 547 , qualified. P. 270 U. S. 510 . 2. But where the main purpose of the bill is to recover royalties under a license or assignment, or damages for breach of covenants, or for specific performance thereof, or to declare a forfeiture of licenses or obtain a reconveyance of an assigned patent for breach of conditions, additional averments of danger that t...
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Tutun v. United States - 270 U.S. 568 (1926) U.S. Supreme Court Tutun v. United States, 270 U.S. 568 (1926) Tutun v. United States Nos. 762, 824 Argued March 3, 1926 Decided April 12, 1926 270 U.S. 568 ON CERTIFICATE FROM THE CIRCUIT COURTS OF APPEALS FOR THE FIRST AND SECOND CIRCUITS Syllabus 1. An order of the district court granting or denying a petition for naturalization is a final decision within the meaning of Jud.Code 128. P. 270 U. S. 575 . 2. Whenever the law provides a remedy enforceable in the federal courts according to the regular course of legal procedure, and that remedy is pursued, there arises a "case" within the meaning of the Constitution, Art. III, 2, whether the subject of the litigation be property or status. P. 270 U. S. 576 . 3. A petition for naturalization is a "case" within the meaning of Jud.Code 128, and an order of the district court denying the petition is renewable by the Circuit Court of Appeal. Pp. 270 U. S. 577 -578. Response ...
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