Us Supreme Court Court March 1932 Judgments
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New State Ice Co. Vs. Liebmann
Court: US Supreme Court
Decided on: Mar-21-1932
New State Ice Co. v. Liebmann - 285 U.S. 262 (1932) U.S. Supreme Court New State Ice Co. v. Liebmann, 285 U.S. 262 (1932) New State Ice Co. v. Liebmann No 463 Argued February 19, 1932 Decided March 21, 1932 285 U.S. 262 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. The business of manufacturing ice and selling it is essentially a private business and not so affected with a public interest that a legislature may constitutionally limit the number of those who may engage in it in order to control competition. Pp. 285 U. S. 273 et seq. 2. An Oklahoma statute, declaring that the manufacture, sale and distribution of ice is a public business, forbids anyone to engage in it without first having procured a license from a state commission; no license is to issue without proof of necessity for the manufacture, sale or distribution of ice in the community or place to which the application relates, and if the facilities already existing and licensed at s...
American Trading Co. Vs. H. E. Heacock Co.
Court: US Supreme Court
Decided on: Mar-21-1932
American Trading Co. v. H. E. Heacock Co. - 285 U.S. 247 (1932) U.S. Supreme Court American Trading Co. v. H. E. Heacock Co., 285 U.S. 247 (1932) American Trading Co. v. H. E. Heacock Co. No. 506 Argued February 26, 1932 Decided March 21, 1932 * 285 U.S. 247 CERTIORARI TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus 1. Congress has authority to legislate upon the substantive law of trademarks in the Philippine Islands, or to provide for such legislation. P. 285 U. S. 256 . 2. Philippine Act No. 666 of 1903, passed by the Philippine Commission under authority of Congress, and providing for the registration of trademarks and their protection, was not displaced by the Federal Trade-Mark Act of 1905, and was continued in force by the Organic Act of 1916. Pp. 285 U. S. 256 -258. 3. The Federal Trade-Mark Act of 1905 provides with respect to trademarks used in commerce between continental United States and the Philippine Islands a protection similar to that which w...
Handy Vs. Delaware Trust Co.
Court: US Supreme Court
Decided on: Mar-21-1932
Handy v. Delaware Trust Co. - 285 U.S. 352 (1932) U.S. Supreme Court Handy v. Delaware Trust Co., 285 U.S. 352 (1932) Handy v. Delaware Trust Co. No. 546 Argued February 26, 1932 Decided March 21, 1932 285 U.S. 352 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Decided upon the authority of Heiner v. Donan, ante, p. 285 U. S. 312 . Certificate from the Circuit Court of Appeals upon an appeal from a judgment of the District Court, 51 F.2d 867, against the Collector on a claim for refund of taxes alleged to have been illegally exacted. Page 285 U. S. 354 MR. JUSTICE SUTHERLAND delivered the opinion of the Court. This case, like No. 514, Heiner v. Donnan, ante, p. 285 U. S. 312 , is here on a certificate from the Circuit Court of Appeals for the Third Circuit. The question submitted is: "Does the second sentence of 302(c) of the revenue act of 1926 violate the due process clause of the fifth amendment to the Constitution of the Unite...
Heiner Vs. Donnan
Court: US Supreme Court
Decided on: Mar-21-1932
Heiner v. Donnan - 285 U.S. 312 (1932) U.S. Supreme Court Heiner v. Donnan, 285 U.S. 312 (1932) Heiner v. Donnan No. 514 Argued February 26, 1932 Decided March 21, 1932 285 U.S. 312 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. The second sentence of 302(c) of the Revenue Act of 1926, which creates a conclusive presumption that gifts made within two years prior to the death of the donor were made in contemplation of death, requiring the value of such gifts to be included in computing the value of the estate of the decedent subject to the graduated death transfer tax, and thus burdening the estate beneficiaries because of acts bearing no relation to the estate or to death as the generating cause of its transfer, violates the due process clause of the Fifth Amendment. Schlesiger v. Wisconsin, 270 U. S. 230 ; Hoeper v. Tax Commission, 284 U. S. 206 . P. 285 U. S. 322 . 2. A statute which imposes a tax upon an assumption of fact which...
Atlantic Coast Line R. Co. Vs. Temple
Court: US Supreme Court
Decided on: Mar-14-1932
Atlantic Coast Line R. Co. v. Temple - 285 U.S. 143 (1932) U.S. Supreme Court Atlantic Coast Line R. Co. v. Temple, 285 U.S. 143 (1932) Atlantic Coast Line Railroad Co. v. Temple No. 453 Argued February 17, 18, 1932 Decided March 14, 1932 285 U.S. 143 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus Evidence touching the cause of the derailment of a train held insufficient to warrant a finding of negligence on the part of the railroad company. P. 285 U. S. 147 . 165 S.C. 201, 163 S.E. 644, reversed. Certiorari, 284 U.S. 611, to review the affirmance of a judgment for damages in an action under the Federal Employers' Liability Act. MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. Judgment recovered by plaintiff (respondent here), in an action under the Federal Employers' Liability Act for the death of her intestate, was affirmed by the Supreme Court of the State. This Court granted a writ of certiorari. The question is whether there was sufficien...
Ginsberg and Sons, Inc. Vs. Popkin
Court: US Supreme Court
Decided on: Mar-14-1932
Ginsberg & Sons, Inc. v. Popkin - 285 U.S. 204 (1932) U.S. Supreme Court Ginsberg & Sons, Inc. v. Popkin, 285 U.S. 204 (1932) Ginsberg & Sons, Inc. v. Popkin No. 429 Argued February 16, 1932 Decided March 14, 1932 285 U.S. 204 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A court of bankruptcy has no authority under 2(15) of the Bankruptcy Act or 261 of the Judicial Code to issue a writ of ne exeat against an absconding officer of a bankrupt corporation to the end that he may be examined in the bankruptcy proceedings. P. 285 U. S. 206 . 50 F.2d 693, affirmed. Certiorari, 284 U.S. 609, to review the reversal of an order sustaining the issuance of a writ of ne exeat in bankruptcy proceedings. MR. JUSTICE BUTLER delivered the opinion of the Court. The District Court in the Eastern District of New York adjudged the Foster Construction Corporation a bankrupt and in June, 1930, a trustee was appointed. Respondent was president, and petitio...
Leach Vs. Nichols
Court: US Supreme Court
Decided on: Mar-14-1932
Leach v. Nichols - 285 U.S. 165 (1932) U.S. Supreme Court Leach v. Nichols, 285 U.S. 165 (1932) Leach v. Nichols No. 468 Argued February 23, 1932 Decided March 14, 1932 285 U.S. 165 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. Question of law as to whether a state tax should have been deducted in computing a federal estate tax held properly raised in the courts below. P. 285 U. S. 166 . 2. The tax imposed in Massachusetts upon the passing of property by will or intestate succession, though paid in the first instance by the personal representative, is in effect a succession tax, the burden falling ultimately on the legatee or other beneficiary. P. 285 U. S. 169 . 3. Such a tax, when paid by an executor, was not deductible under the federal Revenue Act of 1916, 203, as one of the " charges against the estate" in computing the transfer tax imposed by that statute. Id. 50 F.2d 787 affirmed. Certiorari 284 U.S. 613, to review a judgmen...
Lamb Vs. Schmitt
Court: US Supreme Court
Decided on: Mar-14-1932
Lamb v. Schmitt - 285 U.S. 222 (1932) U.S. Supreme Court Lamb v. Schmitt, 285 U.S. 222 (1932) Lamb v. Schmitt No. 433 Argued February 1, 1932 Decided March 14, 1932 285 U.S. 222 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The general rule that witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service of process in another, is founded not upon the convenience of the individuals, but upon that of the court. P. 285 U. S. 225 . 2. The privilege should not be enlarged beyond the reason upon which it is founded, and should be extended or withheld as judicial necessities require. Id. 3. A nonresident attorney, attending the federal court as counsel for a defendant in a suit over property, is not exempt from service under a supplemental bill the purpose of which is to require him to restore to the court, in order that it may be subjected to a decree in the main suit favorabl...
Burnet Vs. Leininger
Court: US Supreme Court
Decided on: Mar-14-1932
Burnet v. Leininger - 285 U.S. 136 (1932) U.S. Supreme Court Burnet v. Leininger, 285 U.S. 136 (1932) Burnet v. Leininger No. 426 Argued February 16, 1932 Decided March 14, 1932 285 U.S. 136 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Findings of fact of the Board of Tax Appeals, when not challenged as unsupported by evidence, are conclusive on review. P. 285 U. S. 138 . 2. A husband who was a member of a partnership agreed with his wife that she should be an "equal partner" with him in his interest in the company, and should share equally with him the profits and losses. Held: (1) The agreement did not make the wife a member of the partnership without the consent of the other partners, but amounted, at most, to an equitable assignment of one-half of what her husband should receive from the partnership, she in turn agreeing to make good to him one-half of the losses he might sustain by reason of his membership in the firm. P. 285 U. S....
Daniel Vs. Guaranty Trust Co.
Court: US Supreme Court
Decided on: Mar-14-1932
Daniel v. Guaranty Trust Co. - 285 U.S. 154 (1932) U.S. Supreme Court Daniel v. Guaranty Trust Co., 285 U.S. 154 (1932) Daniel v. Guaranty Trust Co. of New York No. 179 Argued December 11, 1931 Decided March 14, 1932 285 U.S. 154 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. The filing of a petition for reclamation before a referee in bankruptcy does not submit the petitioner to the summary jurisdiction of the referee in matters having no immediate relation to such claim. So held where the referee attempted to adjudicate and enforce a counterclaim for money alleged to belong to the trustee in bankruptcy against a trust company which had sought the return of certain bonds, of which, it was alleged, the bankrupt had gained possession by fraud. P. 285 U. S. 161 . 2. In No. XXXVII of General Orders in Bankruptcy, the provision that, "In proceedings in equity, instituted for the purpose of carrying into effect the provisions of the act, or ...
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