Us Supreme Court Court April 1933 Judgments
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Young Vs. Masci
Court: US Supreme Court
Decided on: Apr-24-1933
Young v. Masci - 289 U.S. 253 (1933) U.S. Supreme Court Young v. Masci, 289 U.S. 253 (1933) Young v. Masci No. 643 Argued March 24, 1933 Decided April 24, 1933 289 U.S. 253 APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus A state statute making the owner of an automobile liable for personal injuries resulting from its negligent operation by another to whom he has entrusted it is consistent with due process as applied to a nonresident owner who was not in that state when the accident occurred and who had merely lent his machine to one not his agent or engaged on business for him, with express or implied permission to take it there from the the owner's residence, where the bailment occurred and whose laws did not impose such liability. P. 289 U. S. 256 . 109 N.J.L. 453 affirmed. Appeal from a judgment affirming a recovery for personal injuries. Page 289 U. S. 255 MR. JUSTICE BRANDEIS delivered the opinion of the Court. A New York statute provides: "E...
Edelman Vs. Boeing Air Transport, Inc.
Court: US Supreme Court
Decided on: Apr-17-1933
Edelman v. Boeing Air Transport, Inc. - 289 U.S. 249 (1933) U.S. Supreme Court Edelman v. Boeing Air Transport, Inc., 289 U.S. 249 (1933) Edelman v. Boeing Air Transport, Inc. No. 571 Argued March 21, 133.-Decided April 17, 1933 289 U.S. 249 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. A state use tax may constitutionally be imposed on gasoline that has been imported and stored by an air transport company and is drawn from the tanks to fill the airplanes that use it in interstate commerce if the "use" to which the tax is applied is in the withdrawal of the gasoline from the tanks and the placing of it in the fuel tanks of the planes, before its use in interstate transportation begins. Nashville, C. & St.L. R. Co. v. Wallace, 288 U. S. 249 . P. 289 U. S. 251 . 2. A possible interpretation of a state tax law which might render it unconstitutional, but which has not been and may never be adopted by the state taxing officers or the state cou...
Hurn Vs. Oursler
Court: US Supreme Court
Decided on: Apr-17-1933
Hurn v. Oursler - 289 U.S. 238 (1933) U.S. Supreme Court Hurn v. Oursler, 289 U.S. 238 (1933) Hurn v. Oursler No. 565 Argued February 17, 1933 Decided April 17, 1933 289 U.S. 238 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A bill in the District Court made a claim of copyright infringement, raising a substantial federal question, and also sought relief upon the ground that the very same acts constituting the alleged infringement constituted unfair competition under the state law. Held: (1) That the federal question raised by the pleading gave jurisdiction of the case. P. 289 U. S. 240 . (2) When the federal claim was rejected on the merits, the court still had jurisdiction to decide the claim of unfair competition on the merits. Leschen Rope Co. v. Broderick, 201 U. S. 166 , and Elgin Watch Co. v. Illinois Watch Co., 179 U. S. 665 , criticized. Pp. 289 U. S. 240 -244. 2. It is a general rule that, where the federal court has a...
Levering and Garrigues Co. Vs. Morrin
Court: US Supreme Court
Decided on: Apr-10-1933
Levering & Garrigues Co. v. Morrin - 289 U.S. 103 (1933) U.S. Supreme Court Levering & Garrigues Co. v. Morrin, 289 U.S. 103 (1933) Levering & Garrigues Co. v. Morrin No. 423 Argued February 17, 1933 Decided April 10, 1933 289 U.S. 103 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The jurisdiction of the District Court on the ground of federal question is to be determined by the allegations of the bill, and not upon the facts as they may turn out, or by a decision of the merits. P. 289 U. S. 105 . 2. If the bill or the complaint sets forth a substantial claim under a federal statute, the case is within the federal jurisdiction, however the court may decide upon the legal sufficiency of the facts alleged to support the claim. Id. 3. But if the claim pleaded is plainly unsubstantial, jurisdiction is wanting. Id. 4. The federal claim averred may be plainly unsubstantial either because obviously without merit or because it is clearly forec...
Reinecke Vs. Smith
Court: US Supreme Court
Decided on: Apr-10-1933
Reinecke v. Smith - 289 U.S. 172 (1933) U.S. Supreme Court Reinecke v. Smith, 289 U.S. 172 (1933) Reinecke v. Smith No. 601 Argued March 22, 23, 1933 Decided April 10, 1933 289 U.S. 172 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Section 219(g) of the Revenue Act of June 2, 1924, provides: "Where the grantor of a trust has at any time during the taxable year, either alone or in conjunction with any person not a beneficiary of the trust, the power to revest in himself title to any part of the corpus of the trust, then the income of such part of the trust for such taxable year shall be included in computing the net income of the grantor." Held: 1. A trustee is not a "beneficiary" of the trust within the meaning of the statute. P. 289 U. S. 174 . 2. The provision is not arbitrarily retroactive, since it applies not to transactions consummated before its passage, but to the income accruing after the effective date of the Act, January 1, 192...
Transit Commission Vs. United States
Court: US Supreme Court
Decided on: Apr-10-1933
Transit Commission v. United States - 289 U.S. 121 (1933) U.S. Supreme Court Transit Commission v. United States, 289 U.S. 121 (1933) Transit Commission v. United States No. 535 Argued March 13, 14, 1933 Decided April 10, 1933 289 U.S. 121 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus l. By paragraphs 18-20 of 1 of the Interstate Commerce Act (added by the Transportation Act, 1920), Congress intended to confer on the Interstate Commerce Commission plenary power to limit the expenditures of interstate carriers for construction or operation to lines of railroad reasonably necessary for the service of the public. P. 289 U. S. 127 . 2. The Act is to be construed so that this authority may be fully effective. P. 289 U. S. 128 . 3. Extension of the traffic of an interstate carrier beyond its own terminus over the line and to and from the terminus of another carrier, under a trackage agreement allowing it the use of these...
Buffum Vs. Peter Barceloux Co.
Court: US Supreme Court
Decided on: Apr-10-1933
Buffum v. Peter Barceloux Co. - 289 U.S. 227 (1933) U.S. Supreme Court Buffum v. Peter Barceloux Co., 289 U.S. 227 (1933) Buffum v. Peter Barceloux Co. No. 564 Argued March 20, 21, 1933 Decided April 10, 1933 289 U.S. 227 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Where a pledge, followed by a secret and unfair sale to the pledgee for much less than value, was part of a general scheme of the parties to defraud the pledgor's creditors, the remedy of his trustee in bankruptcy is not merely to set aside the sale and have a new one ordered, but to set aside the pledge and recover the property or its value. Bankruptcy Act, 70(e). P. 289 U. S. 232 . 2. Even though one of the creditors of a bankrupt, by accepting a junior lien, may have estopped himself from attacking a pledge made by the bankrupt in fraud of creditors, this does not prevent the Trustee from setting it aside under 70(e), and recovery will be for the benefit of all the credito...
Gant Vs. Oklahoma City
Court: US Supreme Court
Decided on: Apr-10-1933
Gant v. Oklahoma City - 289 U.S. 98 (1933) U.S. Supreme Court Gant v. Oklahoma City, 289 U.S. 98 (1933) Gant v. Oklahoma City No. 547 Argued March 15, 1933 Decided April 10, 1933 289 U.S. 98 APPEAL FROM THE SUPREME COURT OF OKLAHOMA Syllabus 1. Jurisdiction of this Court of an appeal from the final judgment of a state supreme court sufficiently appears where the opinion of that court on a first appeal of the case, from an interlocutory judgment, shows that the requisite federal question was raised by and decided against the appellant, and where the second and final decision of that court was made upon the authority of the first one. P. 289 U. S. 100 . 2. A city ordinance conditioned the right to drill for oil or gas within the city limits upon the filing of a bond, in the sum of $200,000 for each well, to secure payment of damages from injuries to any persons or property "resulting from the drilling, operation or maintenance of any well" or structures appurtenant thereto....
Moffat Tunnel League Vs. United States
Court: US Supreme Court
Decided on: Apr-10-1933
Moffat Tunnel League v. United States - 289 U.S. 113 (1933) U.S. Supreme Court Moffat Tunnel League v. United States, 289 U.S. 113 (1933) Moffat Tunnel League v. United States No. 499 Argued February 15, 1933 Decided April 10, 1933 289 U.S. 113 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF DELAWARE Syllabus 1. Voluntary associations which are not corporations, or quasi -corporations, nor organized pursuant to or recognized by any law, are not legal persons, and without the authority of statute, have no capacity to sue. P. 289 U. S. 118 . 2. In a suit against the United States to set aside an order of the Interstate Commerce Commission authorizing one railroad company to acquire control of another by purchase of its stock, the complaint must show that the plaintiff has, or represents others having, a legal right or interest that will be injuriously affected by the order. P. 289 U. S. 119 . Page 289 U. S. 114 3. Apprehension felt by dwellers...
Royal Indemnity Co. Vs. American Bond and Mortgage Co.
Court: US Supreme Court
Decided on: Apr-10-1933
Royal Indemnity Co. v. American Bond & Mortgage Co. - 289 U.S. 165 (1933) U.S. Supreme Court Royal Indemnity Co. v. American Bond & Mortgage Co., 289 U.S. 165 (1933) Royal Indemnity Co. v. American Bond & Mortgage Co. Nos. 585 and 586 Argued March 21, 1933 Decided April 10, 1933 289 U.S. 165 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus l. The principal place of business of a corporation does not cease to be such, for the purposes of jurisdiction in bankruptcy, because its assets and affairs were in the custody and control of equity receivers for the greater portion of six months preceding the filing of the petition. P. 289 U. S. 167 . 2. This is equally true whether the purpose of the receivership is to wind up, or is merely to rehabilitate, the business. P. 289 U. S. 169 . 3. A state statute forbidding the transfer, except in the usual course of business, of the franchises or assets of a corporation without the assent of stockholders do...
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