Us Supreme Court Court December 1937 Judgments
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Nardone Vs. United States
Court: US Supreme Court
Decided on: Dec-20-1937
Nardone v. United States - 302 U.S. 379 (1937) U.S. Supreme Court Nardone v. United States, 302 U.S. 379 (1937) Nardone v. United States No.190 Argued November 15, 1937 Decided December 20, 1937 302 U.S. 379 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. In view of the provisions of 605 of the Communications Act of 1934, 47 U.S.C. 605, evidence obtained by federal agents by tapping telephone wires and intercepting messages is not admissible in a criminal trial in the federal district court. P. 302 U. S. 382 . 2. In the provision of 605 of the Communications Act of 1934 that "no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect or meaning of such intercepted communication to any person; . . . ," the phrase "no person" embraces federal agents engaged in the detection of crime, and to "divulge" an intercepted communication to "any person" ...
Honeyman Vs. Hanan
Court: US Supreme Court
Decided on: Dec-20-1937
Honeyman v. Hanan - 302 U.S. 375 (1937) U.S. Supreme Court Honeyman v. Hanan, 302 U.S. 375 (1937) Honeyman v. Hanan No. 583 Motion to dismiss Decided December 20, 1937 302 U.S. 375 APPEAL FROM THE SUPREME COURT OF NEW YORK Syllabus Sections 1083-a and 1083-b of the New York Practice Act, which provide that an action to recover a money judgment for any indebtedness secured by mortgage may not be maintained after the mortgaged premises have been sold under a judgment of foreclosure and sale, unless the right to a deficiency judgment has been determined in the foreclosure suit, did not impair the contract rights (Const. Art. I, 10) of one who, having foreclosed a mortgage and been denied a deficiency judgment, was prevented by the statute from enforcing, by separate action, a bond securing the mortgage debt collaterally, against one who was party to the foreclosure suit, and against whom a deficiency judgment might have been awarded in the foreclosure suit, but as to whom it w...
Smyth Vs. United States
Court: US Supreme Court
Decided on: Dec-13-1937
Smyth v. United States - 302 U.S. 329 (1937) U.S. Supreme Court Smyth v. United States, 302 U.S. 329 (1937) Smyth v. United States No. 42 Argued November 18, 19, 1937 Decided December 13, 1937 * 302 U.S. 329 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. Bonds of the United States promising payment of principal and interest in United States gold coin of the standard of value in force at the time of their issuance (25.8 grains of gold 9/10ths fine per dollar) were called by the Secretary of the Treasury for redemption and payment prior to their stated day of maturity, pursuant to provisions therein which reserved this right to the United States to be exercised through a published notice, and which declared that, from the date of redemption designated in such notice, interest on the called bonds should cease, and all coupons thereon maturing after that date should be void. Prior to the notices, the Joint Resolution of June 5, 1933, providing for the discharge of "gold clause" ...
Mcnair Vs. Knott
Court: US Supreme Court
Decided on: Dec-13-1937
McNair v. Knott - 302 U.S. 369 (1937) U.S. Supreme Court McNair v. Knott, 302 U.S. 369 (1937) McNair v. Knott No. 32 Argued November 10, 11, 1937 Decided December 13, 1937 302 U.S. 369 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The Enabling Amendment of June 25, 1930, provides that any National Bank Association "may, upon the deposit with it of public money of a State or any political subdivision thereof, give security for the safekeeping and prompt payment of the money on deposited, of the same kind as is authorized by the law of the State in which such association is located in the case of other banking institutions in the State." Held applicable by intention to security given and deposits made before the date of the amendment. P. 302 U. S. 371 . 2. Thus, construed retroactively, the amendment was within the power of Congress. P. 302 U. S. 372 . 87 F.2d 817 affirmed. Certiorari, 301 U.S. 677, to review the affirmance of a decree...
United States Vs. Kapp
Court: US Supreme Court
Decided on: Dec-06-1937
United States v. Kapp - 302 U.S. 214 (1937) U.S. Supreme Court United States v. Kapp, 302 U.S. 214 (1937) United States v. Kapp No. 97 Argued November 12, 1937 Decided December 6, 1937 302 U.S. 214 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA Syllabus 1. Within the meaning of the Criminal Appeals Act, an indictment for conspiracy (Criminal Code, 37) to commit a substantive offense may be treated as founded on the statute defining the substantive offense. P. 302 U. S. 216 . 2. The District Court sustained a demurrer to an indictment for conspiracy to violate the False Claims Act ( 35 Criminal Code), upon the ground that that Act does not apply to an attempt to defraud the United States by obtaining approval of claims to payments of money through false representations if the statute authorizing such payments is invalid. Held: (1) A construction not of the indictment, but of the False Claims Act. P. 302 U. S. 217 . (2) An in...
Puerto Rico Vs. Shell Co.
Court: US Supreme Court
Decided on: Dec-06-1937
Puerto Rico v. Shell Co. - 302 U.S. 253 (1937) U.S. Supreme Court Puerto Rico v. Shell Co., 302 U.S. 253 (1937) Puerto Rico v. Shell Co. (P.R.), Limited No. 18 Argued November 9, 1937 Decided December 6, 1937 302 U.S. 253 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. The meaning of a particular word as used in a particular instance in a statute is to be arrived at by consideration not only of the word itself, but also of the context, the purposes of the law, and the circumstances under which the word was used. P. 302 U. S. 258 . 2. The word "territory" in 3 of the Sherman Antitrust Act, forbidding contracts, combinations, or conspiracies "in restraint of trade or commerce in any territory of the United States," etc., was used in its most comprehensive sense, as embracing all organized territories, whether incorporated into the United States or not, and includes Puerto Rico. P. 302 U. S. 259 . 3. The existence of 3 of the Sherman Antitr...
Fidelity and Deposit Co. Vs. Pink
Court: US Supreme Court
Decided on: Dec-06-1937
Fidelity & Deposit Co. v. Pink - 302 U.S. 224 (1937) U.S. Supreme Court Fidelity & Deposit Co. v. Pink, 302 U.S. 224 (1937) Fidelity & Deposit Co. v. Pink No. 38 Argued November 17, 18, 1937 Decided December 6, 1937 302 U.S. 224 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Standard form of reinsurance contract, providing for insurance "against loss" and requiring reinsurer to pay its share of any loss under the original insurance, and of costs &c.; "upon proof of the payment of such items by the reinsured, and upon delivery to the reinsurer of copies of all essential documents concerned with such loss and costs and the payment thereof," held to make payment of loss by reinsured a condition precedent to reinsurer's liability. Allemannia Insurance Co. v. Fireman's Insurance Co., 209 U. S. 326 , distinguished. P. 302 U. S. 227 . 2. Liability under a contract of reinsurance must be determined upon consideration of the words employed, re...
Texas Vs. Donoghue
Court: US Supreme Court
Decided on: Dec-06-1937
Texas v. Donoghue - 302 U.S. 284 (1937) U.S. Supreme Court Texas v. Donoghue, 302 U.S. 284 (1937) Texas v. Donoghue No. 28 Argued November 10, 1937 Decided December 6, 1937 302 U.S. 284 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Held, that the bankruptcy court, in a proceeding under 77B of the Bankruptcy Act, abused its discretion in denying a State permission to institute proceedings in a state court to have adjudged confiscate a quantity of oil, then in the possession of the trustee of the debtor, but claimed by the State to have become its property through statutory forfeiture when, prior to the approval of the debtor's petition, it was produced or transported in alleged violation of the conservation laws of the State. P. 302 U. S. 289 . Possession had been voluntarily surrendered to the bankruptcy court by receivers appointed by a state court in other proceedings brought by the State. 88 F.2d 48 reversed. Certiorari, 301 U.S. 674, t...
Berman Vs. United States
Court: US Supreme Court
Decided on: Dec-06-1937
Berman v. United States - 302 U.S. 211 (1937) U.S. Supreme Court Berman v. United States, 302 U.S. 211 (1937) Berman v. United States No. 26 Argued November 9, 1937 Decided December 6, 1937 302 U.S. 211 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The sentence in a criminal case is the final judgment. P. 302 U. S. 212 . 2. A sentence remains the final judgment, and is appealable notwithstanding a suspension of execution. P. 302 U. S. 212 . In criminal cases, as well as civil, the judgment is final for the purpose of appeal when it terminate the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. 3. The finality of a sentence and the right to appeal from it are not affected by placing the convict on probation. P. 302 U. S. 213 . 4. During the pendency of an appeal from a sentence, the District Court is without jurisdiction to modify its judgment by resentencing the prisoner. P...
Forte Vs. United States
Court: US Supreme Court
Decided on: Dec-06-1937
Forte v. United States - 302 U.S. 220 (1937) U.S. Supreme Court Forte v. United States, 302 U.S. 220 (1937) Forte v. United States No. 459 Argued November 15, 193 Decided December 6, 1937 302 U.S. 220 CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. A bill of exceptions agreed to by counsel and filed with the clerk of the District Court within the time allowed for settlement by No. IX of the Criminal Appeals Rules, but not settled and signed by the judge until afterwards, is not settled in time. P. 302 U. S. 223 . If the trial judge is absent from the district, the rule permits settlement by any other judge assigned to hold, or holding, the court in which the case was tried. 2. Where the Court of Appeals decides a criminal appeal for the appellant upon the assumption that the bill of exceptions is properly before it, and the objection that the bill was not settled in time is first made by the Government's petition for rehearin...
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