Us Supreme Court Court February 1939 Judgments
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Titus Vs. Wallick
Court: US Supreme Court
Decided on: Feb-27-1939
Titus v. Wallick - 306 U.S. 282 (1939) U.S. Supreme Court Titus v. Wallick, 306 U.S. 282 (1939) Titus v. Wallick No. 188 Argued January 30, 1939 Decided February 27, 1939 306 U.S. 282 CERTIORARI TO THE SUPREME COURT OF OHIO Syllabus 1. The right to enforce in a state court a judgment recovered in a court of another State is one arising under Article IV, 1, of the Constitution and under a statute of the United States, R.S. 905; 28 U.S.C. 687. Since the existence of this right depends upon the legal effect of the proceedings, and the validity of the judgment, in the State in which it was rendered, the rulings upon those matters by the court in which the judgment is sued upon are reviewable by this Court. P. 306 U. S. 287 . 2. By the law of New York, an assignment of a chose in action for the purpose of suit only and obligating the assignee to account for the proceeds to another enables the assignee to sue in his own name. P. 306 U. S. 288 . 3. This effect of an assign...
Hale Vs. Bimco Trading, Inc.
Court: US Supreme Court
Decided on: Feb-27-1939
Hale v. Bimco Trading, Inc. - 306 U.S. 375 (1939) U.S. Supreme Court Hale v. Bimco Trading, Inc., 306 U.S. 375 (1939) Hale v. Bimco Trading, Inc. No. 418 Argued February 6, 1939 Decided February 27, 1939 306 U.S. 375 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA Syllabus 1. Plaintiffs in the federal court secured a decree enjoining state officers from enforcing state statute as unconstitutional. A proceeding of mandamus, to which they were not parties, was pending before the state supreme court in which the same officers had been commanded to execute the statute, as valid. Further action in the mandamus case was suspended by the state court to await final decision of the constitutional question by this Court on appeal in the injunction suit. Held that Jud.Code 265, 28 U.S.C. 379, which provides that a writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, is inappl...
United States Vs. Towery
Court: US Supreme Court
Decided on: Feb-27-1939
United States v. Towery - 306 U.S. 324 (1939) U.S. Supreme Court United States v. Towery, 306 U.S. 324 (1939) United States v. Towery No. 360 Argued January 31, 1939 Decided February 27, 1939 306 U.S. 324 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Benefits payable to the insured under a war risk term insurance contract on account of total and permanent disability do not cease after 240 monthly installments, but are continued for life if the disability lasts so long. P. 306 U. S. 328 . 2. Section 19 of the World War Veterans' Act of 1924, as amended by Act of July 3, 1930, bars suits on yearly renewable term insurance unless brought "within six years after the right accrued for which the claim is made," or within one year after the date of the amendatory Act, whichever is the later date, and provides that, for the purposes of the section "it shall be deemed that the right accrued on the happening of the contingency on which the claim is...
Taylor Vs. Standard Gas and Elec. Co.
Court: US Supreme Court
Decided on: Feb-27-1939
Taylor v. Standard Gas & Elec. Co. - 306 U.S. 307 (1939) U.S. Supreme Court Taylor v. Standard Gas & Elec. Co., 306 U.S. 307 (1939) Taylor v. Standard Gas & Elec. Co. No. 312 Argued January 5, 1939 Decided February 27, 1939 306 U.S. 307 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. Appraisal of the property of a corporation undergoing reorganization under 77B of the Bankruptcy Act accepted by this Court in view of concurrent findings of two courts below and substantial evidence sustaining their findings. P. 306 U. S. 314 . 2. The so-called instrumentality rule is but a convenient way of designating the application, in particular circumstances, of the broader equitable principle that the doctrine of corporate entity, recognized generally and for most purposes, will not be regarded when so to do would work fraud or injustice. This principle has been applied in appropriate circumstances to give minority stockholders redress against wrongful...
United States Vs. Bertelsen and Petersen Engineering Co.
Court: US Supreme Court
Decided on: Feb-27-1939
United States v. Bertelsen & Petersen Engineering Co. - 306 U.S. 276 (1939) U.S. Supreme Court United States v. Bertelsen & Petersen Engineering Co., 306 U.S. 276 (1939) United States v. Bertelsen & Petersen Engineering Co. No. 416 Argued February 3, 1939 Decided February 27, 1939 * 306 U.S. 276 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. A taxpayer, having overpaid internal revenue taxes for 1917, the Commissioner ordered a refund of part of the overpayment and credited the balance to a deficiency in 1918 taxes, although assessment of the latter was then barred by limitations. The taxpayer sued the United States to recover judgment in the amount so credited. The collector who had wrongfully collected the excess 1917 taxes was dead or out of office at the time this proceeding was begun. Held: (1) The Circuit Court of Appeals correctly ruled that timely and proper claim for the overpayment for 1917 had been made as required by R.S. 3226, a...
United States Vs. Jacobs
Court: US Supreme Court
Decided on: Feb-27-1939
United States v. Jacobs - 306 U.S. 363 (1939) U.S. Supreme Court United States v. Jacobs, 306 U.S. 363 (1939) United States v. Jacobs No. 391 Argued February 2, 1939 Decided February 27, 1939 * 306 U.S. 363 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Under the Revenue Act of 1924, 301, and substantially identical provisions of the Revenue Act of 1926, in determining the tax upon transfer of the net estate of a decedent, dying after the date of enactment, there is to be included in the gross estate the full value of property, real or personal, which was owned by the decedent and his wife as joint tenants at the time of his death but which was acquired with his funds, or was set up in part by his contribution and in part by a contribution from the wife of property which he had previously given her. Pp. 306 U. S. 364 , 306 U. S. 371 . 2. These provisions are applicable under the statute, and valid under the Fifth Amendment, notwithstan...
Labor Board Vs. Columbian Enameling and Stamping Co.
Court: US Supreme Court
Decided on: Feb-27-1939
Labor Board v. Columbian Enameling & Stamping Co. - 306 U.S. 292 (1939) U.S. Supreme Court Labor Board v. Columbian Enameling & Stamping Co., 306 U.S. 292 (1939) Labor Board v. Columbian Enameling & Stamping Co. No. 229 Argued January 11, 12, 1939 Decided February 27, 1939 306 U.S. 292 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. An order of the National Labor Relations Board requiring reinstatement of employees based on a finding that the employer, on a date specified, had refused to bargain with their Union, held invalid, the finding not being sustained by evidence. P. 306 U. S. 296 . 2. The National Labor Relations Act does not compel the employer to seek out his employees and request their participation in negotiations for purposes of collective bargaining, and he may ignore or reject proposals for such bargaining which come from third persons not purporting to act with authority of his employees. P. 306 U. S. 297 . 3. Section 1...
Labor Board Vs. Fansteel Metallurgical Corp.
Court: US Supreme Court
Decided on: Feb-27-1939
Labor Board v. Fansteel Metallurgical Corp. - 306 U.S. 240 (1939) U.S. Supreme Court Labor Board v. Fansteel Metallurgical Corp., 306 U.S. 240 (1939) Labor Board v. Fansteel Metallurgical Corp. No. 436 Argued January 12, 13, 1939 Decided February 27, 1939 306 U.S. 240 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Seizure and forcible retention of an employer's factory buildings by employees, in a "sit-down" strike, is good cause for their discharge. P. 306 U. S. 252 . 2. The National Labor Relations Act does not undertake to abrogate the right of an employer to refuse to retain in his employ those who illegally take and hold possession of his property. P. 306 U. S. 255 . 3. The National Labor Relations Act is not to be construed as compelling employers to retain persons in their employ regardless of their unlawful conduct. In recognizing the right to strike, it contemplates a lawful strike, and where a strike, even though actuated by u...
Keifer and Keifer Vs. Rfc Corp.
Court: US Supreme Court
Decided on: Feb-27-1939
Keifer & Keifer v. RFC Corp. - 306 U.S. 381 (1939) U.S. Supreme Court Keifer & Keifer v. RFC Corp., 306 U.S. 381 (1939) Keifer & Keifer v. Reconstruction Finance Corp. and Regional Agricultural Credit Corp. No. 364 Argued January 31, 1939, February 1, 1939 Decided February 27, 1939 306 U.S. 381 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A Regional Agricultural Credit Corporation, chartered by the Reconstruction Finance Corporation by authority of 201(e) of the Emergency Relief and Construction Act of 1932, and which, under that statute, is government-financed and managed and empowered to make loans to farmers and stockmen for agricultural purposes or for raising and marketing livestock held subject to suit. Pp. 306 U. S. 392 et seq. Neither the statute nor the charter explicitly rendered the Credit Corporation amenable to suit, but, among the corporate powers granted the Finance Corporation by the Act creating it was authority "to s...
Milk Control Board Vs. Eisenberg Farm Products
Court: US Supreme Court
Decided on: Feb-27-1939
Milk Control Board v. Eisenberg Farm Products - 306 U.S. 346 (1939) U.S. Supreme Court Milk Control Board v. Eisenberg Farm Products, 306 U.S. 346 (1939) Milk Control Board v. Eisenberg Farm Products No. 426 Argued February 8, 1939 Decided February 27, 1939 306 U.S. 346 CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA Syllabus A state statute regulating the milk industry, which requires dealers to obtain licenses; to file bonds conditioned on payment of purchases from producers, and to pay producers at least the minimum prices prescribed by an administrative agency held not violative of the commerce clause of the Federal Constitution, as applied to a dealer who, at a receiving station maintained by him within the State, purchases milk from neighboring farms, all of which he ships to another State for sale. P. 306 U. S. 352 . The obvious purpose of the Act was to control a domestic situation in the interest of the producers and consumers within the Page 306 U. S. 347 St...
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