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Us Supreme Court Court December 1928 Judgments

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Dec 10 1928

Security Mortgage Co. Vs. Powers

Court: US Supreme Court

Decided on: Dec-10-1928

Security Mortgage Co. v. Powers - 278 U.S. 149 (1928) U.S. Supreme Court Security Mortgage Co. v. Powers, 278 U.S. 149 (1928) Security Mortgage Co. v. Powers No. 32 Argued October 12, 1928 Decided December 10, 1928 278 U.S. 149 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. When it is asserted that real property, or its proceeds, in a bankrupt estate is subject to a lien for attorney's fees arising from a loan contract secured by the land and made before the bankruptcy proceedings were begun, the contract is to be construed and the validity of the lien determined by the bankruptcy court, in accordance with the law of the state where the contract was made and the land is situated; but whether the liability is enforceable in the circumstances may raise federal questions peculiar to the law of bankruptcy. P. 278 U. S. 153 . 2. Petitioner held promissory notes secured by land in Georgia. The land was acquired from the debtor by one who assumed a...


Dec 10 1928

Northern Coal and Dock Co. Vs. Strand

Court: US Supreme Court

Decided on: Dec-10-1928

Northern Coal & Dock Co. v. Strand - 278 U.S. 142 (1928) U.S. Supreme Court Northern Coal & Dock Co. v. Strand, 278 U.S. 142 (1928) Northern Coal & Dock Co. v. Strand No. 41 Argued October 23, 1928 Decided December 10, 1928 278 U.S. 142 CERTIORARI TO THE SUPREME COURT OF WISCONSIN Syllabus 1. The work of a stevedore whilst engaged in unloading a vessel at dock is maritime in character, although it consumes but part of his time under his employment, the remainder being devoted to work ashore. P. 278 U. S. 144 . 2. A stevedore having been killed while at work on a vessel at dock unloading cargo for the consignee, the cause of action against the Page 278 U. S. 143 employer for the death was governed by the Merchant Marine Act -- the stevedore was a " seaman " within that Act -- and the state compensation law cannot apply. P. 278 U. S. 145 . 193 Wis. 515, reversed. Certiorari, 276 U.S. 611, to a judgment of the Supreme Court of Wisconsin sustaining an award under the st...


Dec 10 1928

Unadilla Valley Ry. Co. Vs. Caldine

Court: US Supreme Court

Decided on: Dec-10-1928

Unadilla Valley Ry. Co. v. Caldine - 278 U.S. 139 (1928) U.S. Supreme Court Unadilla Valley Ry. Co. v. Caldine, 278 U.S. 139 (1928) Unadilla Valley Ry. Co. v. Caldine No. 73 Argued November 27, 1928 Decided December 10, 1928 278 U.S. 139 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus A train arrived at a station where, by the express printed rule of the railroad company, it must be held to await the passing of another train moving upon the same track in the opposite direction. The station agent had been informed by telephone that the other train was coming, and there was some evidence that he told the motorman of the first train, but he did not tell the conductor. Disobeying the rule, the conductor ordered the motorman to proceed and, the latter obeying, a collision resulted by which the conductor was killed. In an action brought by his administrator against the railroad company under the Employers' Liability Act, Page 278 U. S. 140 held that the plaintiff could ...


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