Us Supreme Court Court March 1938 Judgments
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Electric Bond and Share Co. Vs. Sec
Court: US Supreme Court
Decided on: Mar-28-1938
Electric Bond & Share Co. v. SEC - 303 U.S. 419 (1938) U.S. Supreme Court Electric Bond & Share Co. v. SEC, 303 U.S. 419 (1938) Electric Bond & Share Co. v. Securities and Exchange Commission No. 636 Argued February 7, 8, 9, 1938 Decided March 28, 1938 303 U.S. 419 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A system of holding companies controlled, through stock ownership, the operations of subsidiary companies which served gas and electricity to the public in many States, partly in interstate commerce. Some of the holding companies were themselves partly engaged in selling, purchasing, or transmitting electricity across state lines. The system furnished expert service, and performed construction work, for the subsidiary utilities, and, in so doing, made continuous and extensive use of the mails and the instrumentalities of interstate commerce. And such instrumentalities were from time to time used in other transactions, such as the distri...
Adams Vs. Nagle
Court: US Supreme Court
Decided on: Mar-28-1938
Adams v. Nagle - 303 U.S. 532 (1938) U.S. Supreme Court Adams v. Nagle, 303 U.S. 532 (1938) Adams v. Nagle No. 123 Argued December 16, 17, 1937 Reargued March 8, 9 1938 Decided March 28, 1938 * 303 U.S. 532 CERTIORARI TO THE CIRCUIT COURT OF APPEAL FOR THE THIRD CIRCUIT Syllabus Stockholders of the "P" and "R" national banks brought bills in equity to enjoin the receiver from enforcing assessments, ordered by the Comptroller of the Currency pursuant to the statute governing the additional liability of shareholders, on the grounds that the action of the Comptroller in ordering the assessments was in excess of his statutory power, arbitrary, capricious, and a denial of due process of law. The bills alleged, inter alia, that the Comptroller erroneously disregarded agreements theretofore entered into between the "P" and "R" and the "F" banks whereby the first two conveyed all of their assets to the last, which assumed all of their liabilities except liabilities to stockhold...
Deitrick Vs. Standard Surety and Cas. Co.
Court: US Supreme Court
Decided on: Mar-28-1938
Deitrick v. Standard Surety & Cas. Co. - 303 U.S. 471 (1938) U.S. Supreme Court Deitrick v. Standard Surety & Cas. Co., 303 U.S. 471 (1938) Deitrick v. Standard Surety & Cas. Co., No. 455 Argued March 7, 8, 1938 Decided March 28, 1938 303 U.S. 471 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. A defense of fraud, good against a national bank in an action to enforce a contract, is good against the bank's receiver in such an action. P. 303 U. S. 479 . 2. The receiver of a national bank sought to enforce against surety Company, as contracts made to the bank, bonds purporting to have been executed by the company through a general agent and purporting to guarantee payment of certain notes held by the bank. The surety alleged and the proofs showed that the bonds were obtained by the bank through the fraud of the bank's president in collusion with the surety's agent. There was evidence that the agent knew the bonds would be shown to the bank direct...
Bates Manufacturing Co. Vs. United States
Court: US Supreme Court
Decided on: Mar-28-1938
Bates Manufacturing Co. v. United States - 303 U.S. 567 (1938) U.S. Supreme Court Bates Manufacturing Co. v. United States, 303 U.S. 567 (1938) Bates Manufacturing Co. v. United States No. 647 Argued March 11, 1938 Decided March 28, 1938 303 U.S. 567 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Where, in a suit against the United States in the District Court under the Tucker Act for recovery of taxes alleged to have been illegally collected, the verified petition of plaintiff was filed within two years after the disallowance of the claim for refund, and within four days after the filing of the petition, though not within two years after the disallowance of the claim for refund, copies of the petition were served on the United States Attorney and mailed to the Attorney General, held the suit was "begun" in time under Revenue Act of 1926, 1113. P. 303 U. S. 572 . 93 F.2d 721 reversed. Page 303 U. S. 568 Certiorari, post, p. 628, to revie...
Santa Cruz Fruit Packing Co. Vs. Labor Board
Court: US Supreme Court
Decided on: Mar-28-1938
Santa Cruz Fruit Packing Co. v. Labor Board - 303 U.S. 453 (1938) U.S. Supreme Court Santa Cruz Fruit Packing Co. v. Labor Board, 303 U.S. 453 (1938) Santa Cruz Fruit Packing Co. v. National Labor Relations Board No. 536 Argued March 7, 1938 Decided March 28, 1938 303 U.S. 453 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A corporation was engaged, in California, in the business of canning fruits and vegetables, raised in the State, and in disposing of its large output locally and in interstate and foreign commerce, 37% going to destinations beyond the State, partly on f.o.b. shipment and much of it by water. The goods shipped by boat were carried to the wharves on trucks loaded at the plant by warehousemen employed there. Many of these, upon being locked out by the company for having joined a labor union, formed a picket line, and this was so maintained that eventually the movement of trucks from warehouse to wharves ceased entirely. The team...
New Negro Alliance Vs. Sanitary Grocery Co.
Court: US Supreme Court
Decided on: Mar-28-1938
New Negro Alliance v. Sanitary Grocery Co. - 303 U.S. 552 (1938) U.S. Supreme Court New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552 (1938) New Negro Alliance v. Sanitary Grocery Co. No. 511 Argued March 2, 3, 1938 Decided March 28, 1938 * 303 U.S. 552 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus An association of Negroes, organized for the mutual improvement of its members and the promotion of civic, educational, benevolent, and charitable enterprises, requested a Grocery Company to adopt a policy of employing Negro clerks, in the course of personnel changes, in certain stores of the company patronized largely by colored people but in which no colored clerks were employed. The request was ignored, whereupon the organization caused a picket, Page 303 U. S. 553 bearing a placard reading "Do Your Part! Buy Where You Work! No Negroes Employed Here," to patrol in front of one of the stores, on one day, and caused, or threaten...
Calmar Steamship Corp. Vs. Taylor
Court: US Supreme Court
Decided on: Mar-28-1938
Calmar Steamship Corp. v. Taylor - 303 U.S. 525 (1938) U.S. Supreme Court Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938) Calmar Steamship Corp. v. Taylor No. 594 Argued March 9, 1938 Decided March 28, 1938 303 U.S. 525 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. The right of a seaman to maintenance and cure for an illness which befalls him during his service may continue for a period beyond the duration of the voyage, whether he be at home or abroad, and even though the illness be not caused by the employment. P. 303 U. S. 529 . 2. In the case of a seaman suffering from an incurable disease, which manifested itself during his employment but was not caused by it, the duty of the ship owner to furnish maintenance and cure does not extend beyond a fair time after the voyage in which to effect such improvement in the seaman's condition as reasonably may be expected to result from nursing, care, and medical treatment. P. 303 U. S. 530 ...
Lovell Vs. City of Griffin
Court: US Supreme Court
Decided on: Mar-28-1938
Lovell v. City of Griffin - 303 U.S. 444 (1938) U.S. Supreme Court Lovell v. City of Griffin, 303 U.S. 444 (1938) Lovell v. City of Griffin No. 391 Argued February 4, 1938 Decided March 28, 1938 303 U.S. 444 APPEAL FROM THE COURT OF APPEALS OF GEORGIA Syllabus 1. Whether a federal question was properly presented to and decided by a state court is itself a federal question, to be decided by this Court upon appeal. P. 303 U. S. 450 . 2. Freedom of speech and freedom of the press, which are protected by the First Amendment from infringement by Congress, are among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action. P. 303 U. S. 450 . 3. Municipal ordinances adopted under state authority constitute state action within the meaning of the Fourteenth Amendment. P. 303 U. S. 450 . 4. A city ordinance forbidding as a nuisance the distribution, by hand or otherwise, of literature of any kind without first...
Guaranty Trust Co. Vs. Commissioner
Court: US Supreme Court
Decided on: Mar-28-1938
Guaranty Trust Co. v. Commissioner - 303 U.S. 493 (1938) U.S. Supreme Court Guaranty Trust Co. v. Commissioner, 303 U.S. 493 (1938) Guaranty Trust Co. v. Commissioner of Internal Revenue No. 301 Argued January 12, 13, 1938 Decided March 28, 1938 303 U.S. 493 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A partnership whose fiscal year expired July 31, 1933, was dissolved by the death of a member in December, 1933. Decedent had kept his books on the cash receipts and disbursements basis, and filed his returns for income tax for each calendar year on that basis. The partnership kept its books on a like basis, but made its returns for a fiscal year ending July 31. Upon a partnership accounting, his share of the profits from August 1 to date of his death was ascertained and, in the following January and February, was paid to the executor. Held that the decedent's taxable income for the calendar year 1933 includes his share of partnership profits f...
Lincoln Engineering Co. Vs. Stewart-warner Corp.
Court: US Supreme Court
Decided on: Mar-28-1938
Lincoln Engineering Co. v. Stewart-Warner Corp. - 303 U.S. 545 (1938) U.S. Supreme Court Lincoln Engineering Co. v. Stewart-Warner Corp., 303 U.S. 545 (1938) Lincoln Engineering Co. v. Stewart-Warner Corp. No. 608 Argued March 10, 1938 Decided March 28, 1938 303 U.S. 545 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Patent No. 1,593,791, July 27, 1926, to Butler, for the combination of a headed nipple, for receiving lubricant, a grease pump, and a coupler having a multi-jawed chuck which is closed over the head of the nipple by the pressure of the grease acting on a piston within the tube of the coupler, held void as claiming more than the applicant invented. P. 303 U. S. 548 . Assuming that the coupler embraced a patentable improvement in the respect that the jaws of the chuck are actuated by the grease pressure, the chuck form of coupling as well as the headed nipple and grease pump are old in the art, and perform no new functions in ...
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