Us Supreme Court Court February 1936 Judgments
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Ashwander Vs. Tennessee Valley Auth.
Court: US Supreme Court
Decided on: Feb-17-1936
Ashwander v. Tennessee Valley Auth. - 297 U.S. 288 (1936) U.S. Supreme Court Ashwander v. Tennessee Valley Auth., 297 U.S. 288 (1936) Ashwander v. Tennessee Valley Authority Nos. 403 and 404 Argued December 19, 20, 1935 Decided February 17, 1936 297 U.S. 288 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Owners of a minority of the preferred shares, with voting power, in a corporation have standing to sue in its right to prevent the carrying out of a contract executed in its name by the directors with an agency of the United States, upon the grounds that the contract is unconstitutional, and that its performance will cause irreparable injury to the interests of the corporation. P. 297 U. S. 318 . In order to establish the stockholders' right of suit, it is not necessary to show that, in executing the contract, the directors acted with fraudulent intent or under legal duress or ultra vires of the corporation. In the absence of an adequate l...
Brown Vs. Mississippi
Court: US Supreme Court
Decided on: Feb-17-1936
Brown v. Mississippi - 297 U.S. 278 (1936) U.S. Supreme Court Brown v. Mississippi, 297 U.S. 278 (1936) Brown v. Mississippi No. 301 Argued January 10, 1936 Decided February 17, 1936 297 U.S. 278 CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI Syllabus Convictions of murder which rest solely upon confessions shown to have been extorted by officers of the State by torture of the accused are void under the due process clause of the Fourteenth Amendment. Pp. 297 U. S. 279 , 297 U. S. 285 . 173 Miss. 542, 158 So. 339; 161 So. 465, reversed. Page 297 U. S. 279 MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. The question in this case is whether convictions which rest solely upon confessions shown to have been extorted by officers of the State by brutality and violence are consistent with the due process of law required by the Fourteenth Amendment of the Constitution of the United States. Petitioners were indicted for the murder of one Raymond Stewart, whose dea...
Palmer Clay Products Co. Vs. Brown
Court: US Supreme Court
Decided on: Feb-10-1936
Palmer Clay Products Co. v. Brown - 297 U.S. 227 (1936) U.S. Supreme Court Palmer Clay Products Co. v. Brown, 297 U.S. 227 (1936) Palmer Clay Products Co. v. Brown No. 125 Argued December 13, 1935 Decided February 10, 1936 297 U.S. 227 CERTIORARI TO THE MUNICIPAL COURT OF BOSTON, MASSACHUSETTS Syllabus Whether a payment to a creditor by an insolvent debtor on an overdue debt, within four months of the debtor's bankruptcy, operates as a preference, voidable by the trustee, under 60(a), (b), of the Bankruptcy Act, depends not upon what would have been its effect on creditors if the debtor's assets had been liquidated and distributed at the time of the payment, but upon its actual effect determined in the ensuing bankruptcy. P. 297 U. S. 228 . 290 Mass. 108, 195 N.E. 122, affirmed. Certiorari, 296 U.S. 556, to review a judgment recovered by Brown as trustee in bankruptcy. The judgment was entered in the court below pursuant to a rescript from the Supreme Judicial Court of...
Mayflower Farms, Inc. Vs. Ten Eyck
Court: US Supreme Court
Decided on: Feb-10-1936
Mayflower Farms, Inc. v. Ten Eyck - 297 U.S. 266 (1936) U.S. Supreme Court Mayflower Farms, Inc. v. Ten Eyck, 297 U.S. 266 (1936) Mayflower Farms, Inc. v. Ten Eyck No. 349 Argued January 15, 1936 Decided February 10, 1936 297 U.S. 266 APPEAL FROM THE SUPREME COURT OF NEW YORK Syllabus 1. The New York Milk Control Act, as amended effective April 1, 1934, discriminates between milk dealers without well advertised trade names who were in the business before April 10, 1933, and those in that class who entered it later, by granting to the former and denying to the latter the privilege of selling milk in New York City at a price one cent below the minimum binding on competitors with well advertised trade names. Held, that the discrimination is arbitrary and unreasonable, and violates the equal protection clause of the Fourteenth Amendment. P. 297 U. S. 271 . 2. This provision, on its face, is not a regulation of a business in the interest of, or for the protection of, the pub...
Grosjean Vs. American Press Co., Inc.
Court: US Supreme Court
Decided on: Feb-10-1936
Grosjean v. American Press Co., Inc. - 297 U.S. 233 (1936) U.S. Supreme Court Grosjean v. American Press Co., Inc., 297 U.S. 233 (1936) Grosjean v. American Press Co., Inc. No. 303 Argued January 14, 1936 Decided February 10, 1936. 297 U.S. 233 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus 1. As respects the amount in controversy, the District Court has jurisdiction of a suit where the requisite value is involved as to each of several plaintiffs though not involved as to others. P. 297 U. S. 241 . 2. A motion to dismiss the whole case because the amount in controversy as to some of the plaintiffs is too small should be overruled. Id. 3. There is equitable jurisdiction to enjoin collection of an allegedly unconstitutional state tax where the taxpayer, if he pays, is afforded no clear remedy of restitution. P. 297 U. S. 242 . 4. Liberty of the press is a fundamental right protected against state aggression by the du...
Bronx Brass Foundry, Inc. Vs. Irving Trust Co.
Court: US Supreme Court
Decided on: Feb-10-1936
Bronx Brass Foundry, Inc. v. Irving Trust Co. - 297 U.S. 230 (1936) U.S. Supreme Court Bronx Brass Foundry, Inc. v. Irving Trust Co., 297 U.S. 230 (1936) Bronx Brass Foundry, Inc. v. Irving Trust Co. No. 232 Argued December 13, 1935 Decided February 10, 1936 297 U.S. 230 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The right of a plaintiff in equity to dismiss his bill when the defendant cannot have affirmative relief on the pleadings and can suffer no prejudice save for the vexation and expense of a second suit is subject to modification by rule of court. P. 297 U. S. 231 . 2. Under a rule in the Southern District of New York, the bankruptcy court may refuse to permit the withdrawal of a creditor's claim after issue joined upon it. P. 297 U. S. 232 . 3. Palmer Clay Products Co. v. Brown, Trustee, ante, p. 297 U. S. 227 , followed on a construction of 60(a), (b), Bankruptcy Act, concerning preferences. P. 297 U. S. 232 . 76 F.2...
Borden's Farm Products Co., Inc. Vs. Ten Eyck
Court: US Supreme Court
Decided on: Feb-10-1936
Borden's Farm Products Co., Inc. v. Ten Eyck - 297 U.S. 251 (1936) U.S. Supreme Court Borden's Farm Products Co., Inc. v. Ten Eyck, 297 U.S. 251 (1936) Borden's Farm Products Co., Inc. v. Ten Eyck No. 597 Argued January 6, 1936 Decided February 10, 1936 297 U.S. 251 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. As an incident to a temporary and experimental scheme for assisting the milk industry by fixing prices to producer and consumer ( Nebbia v. New York, 291 U. S. 502 ), the New York Milk Control Act, as amended, discriminated between dealers who had, and dealers who had not, well advertised tradenames, by permitting the latter to sell bottled milk in the City of New York at a price one cent less per quart than the price prescribed for the former. Held, that there was a reasonable basis for the discrimination, and that a dealer of the former class who failed to show that, in practice, the differential had resu...
Van Der Weyde Vs. Ocean Transport Co., Ltd.
Court: US Supreme Court
Decided on: Feb-03-1936
Van der Weyde v. Ocean Transport Co., Ltd. - 297 U.S. 114 (1936) U.S. Supreme Court Van der Weyde v. Ocean Transport Co., Ltd., 297 U.S. 114 (1936) Van der Weyde v. Ocean Transport Co., Ltd. No. 4 Submitted January 15, 1936 Decided February 3, 1936 297 U.S. 114 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Jurisdiction, if otherwise existing in the District Court over a libel of a Norwegian vessel by a seaman for personal injuries sustained on board in 1922, was not affected by Article XIII of the Treaty of 1827 with Sweden and Norway providing a consular jurisdiction for adjudication of differences between captains and crews, inasmuch as that Article was terminated in 1919, by this Government, acting through the President and the Secretary of State. P. 297 U. S. 116 . 2. Under 16 of the Seamen's Act of March 4, 1915, by which Congress expressed its judgment that treaty provisions in conflict with the Act should be terminated and requested...
Gooch Vs. United States
Court: US Supreme Court
Decided on: Feb-03-1936
Gooch v. United States - 297 U.S. 124 (1936) U.S. Supreme Court Gooch v. United States, 297 U.S. 124 (1936) Gooch v. United States No. 559 Argued January 13, 14, 1936 Decided February 3, 1936 297 U.S. 124 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. An officer who is unlawfully seized and carried away to prevent the arrest of his captor is "held for . . . reward or otherwise" within the meaning of the Federal Kidnaping Act as amended, and transportation in interstate commerce of the officer while thus restrained constitutes a violation of the Act. Act of June 22, 1932, as amended by Act of May 18, 1934. P. 297 U. S. 125 . 2. The amending Act added to the words "held for ransom or reward" the words "or otherwise, except, in the case of a minor, by a parent thereof." The contention that the words "ransom" and "reward" mean only pecuniary benefits, and that ejusdem generis similarly restricts the words "or otherwise" notwithstanding the ...
Dismuke Vs. United States
Court: US Supreme Court
Decided on: Feb-03-1936
Dismuke v. United States - 297 U.S. 167 (1936) U.S. Supreme Court Dismuke v. United States, 297 U.S. 167 (1936) Dismuke v. United States No.199 Argued January 7, 1936 Decided February 3, 1936 297 U.S. 167 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The District Court has jurisdiction under the Tucker Act of a claim to an annuity founded on 8(a) of the Civil Service Retirement Act of June 30, 1933. P. 297 U. S. 169 . 2. The declaration of that section that annuities shall be payable from the retirement fund, which, by an earlier Act is "appropriated for the payment of annuities," amounts to no more than a direction that they shall be charged on the books of the Treasury to the appropriation made for their payment. It does not impair or restrict the obligation to pay. Id. 3. Claims for annuities payable under the Retirement Act are not claims for pensions or for salary or for compensation for services, within the meaning of the prohibiti...
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