Us Supreme Court Court May 1939 Judgments
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Curry Vs. Mccanless
Court: US Supreme Court
Decided on: May-29-1939
Curry v. McCanless - 307 U.S. 357 (1939) U.S. Supreme Court Curry v. McCanless, 307 U.S. 357 (1939) Curry v. McCanless No. 339 Argued January 9, 1939 Reargued April 28, 1939 Decided May 29, 1939 307 U.S. 357 APPEAL FROM THE SUPREME COURT OF TENNESSEE Syllabus 1. Decedent, domiciled in Tennessee, transferred to a trustee in Alabama certain stocks and bonds on specific trusts. The net income was to be paid to her during her lifetime and, upon her death, the property was to be held in trust for specified beneficiaries. She reserved, however, certain powers over the trustee and the handling of the trust, and the power to dispose of the estate as she might direct by will. Until her death, the trust was administered by the trustee in Alabama, and the paper evidences of the intangible property were kept there. Upon her death, in Tennessee, she bequeathed the trust property to the same trustee to be held in trust for the same and other beneficiaries, in different amounts and by dif...
Toledo Pressed Steel Co. Vs. Standard Parts, Inc.
Court: US Supreme Court
Decided on: May-29-1939
Toledo Pressed Steel Co. v. Standard Parts, Inc. - 307 U.S. 350 (1939) U.S. Supreme Court Toledo Pressed Steel Co. v. Standard Parts, Inc., 307 U.S. 350 (1939) Toledo Pressed Steel Co. v. Standard Parts, Inc. No. 166 Argued March 1, 1939 Decided May 29, 1939 * 307 U.S. 350 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Patent No. 1,732,708, Claims 1, 2, 5-7, 11-13, to Withrow and Close, relating to a burner for outdoor warning signals, diminishing liability of flame extinguishment by wind and rain, held invalid for want of invention. P. 307 U. S. 356 . 2. Aggregation of two old devices, productive of no new joint function, is not invention. P. 307 U. S. 356 . Page 307 U. S. 351 3. Evidence of unsuccessful efforts upon the part of a few others, not familiar with the prior art, to attain the result achieved by the patented device, of acceptance of licenses by manufacturers not shown to have made wide or successful use of it, and evidenc...
Southern Pacific Co. Vs. United States
Court: US Supreme Court
Decided on: May-29-1939
Southern Pacific Co. v. United States - 307 U.S. 393 (1939) U.S. Supreme Court Southern Pacific Co. v. United States, 307 U.S. 393 (1939) Southern Pacific Co. v. United States No. 613 Argued March 29, 1939 Decided May 29, 1939 307 U.S. 393 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. Where a land grant railroad, having an established route partly land grant aided between two terminal points, developed an alternative route which in part was identical with the original route and, to that extent, land grant aided, held that the Government was entitled, under its land grant Act contract, to compensate the railroad for terminal-to-terminal service on the basis of the lower tariff available on the alternative route less the higher land grant percentage deduction applicable on the original route, irrespective of what route was actually used in shipment. Pp. 307 U. S. 394 , 307 U. S. 401 . 2. This conclusion is consistent with the long continued administrative construction g...
Newark Fire Ins. Co. Vs. State Board of Tax Appeals
Court: US Supreme Court
Decided on: May-29-1939
Newark Fire Ins. Co. v. State Board of Tax Appeals - 307 U.S. 313 (1939) U.S. Supreme Court Newark Fire Ins. Co. v. State Board of Tax Appeals, 307 U.S. 313 (1939) Newark Fire Insurance Co. v. State Board of Tax Appeals No. 449 Argued April 18, 19, 1939 Decided May 29, 1939 * 307 U.S. 313 APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus A tax assessed under a statute of New Jersey against an insurance company incorporated under the laws of that State, upon the full amount of its capital stock paid in and accumulated surplus, less certain deductions for liabilities and statutory exemptions -- resisted Page 307 U. S. 314 as violative of the due process clause of the Fourteenth Amendment on the ground that the business situs of its intangibles and the tax domicile of the corporation were in New York -- sustained. By REED, J., with whom the CHIEF JUSTICE and BUTLER and ROBERTS, JJ., concurred. 1. Insofar as the conclusion as to the existence of a busines...
Graves Vs. Elliott
Court: US Supreme Court
Decided on: May-29-1939
Graves v. Elliott - 307 U.S. 383 (1939) U.S. Supreme Court Graves v. Elliott, 307 U.S. 383 (1939) Graves v. Elliott No. 372, October Term, 1937 Argued January 9, 1939 Reargued April 28, 1939 Decided May 29, 1939 307 U.S. 383 CERTIORARI TO THE SURROGATES COURT OF THE COUNTY AND STATE OF NEW YORK Syllabus Decedent, while domiciled in Colorado, transferred to a Colorado bank certain bonds to be held upon certain specified trusts with specified powers in the trustee to administer, invest, reinvest, etc. The trust indenture provided that the trustee should pay over the income to decedent's daughter for life and afterward to the daughter's children until each had reached the age of twenty-five years, when a proportionate share of the principal of the trust fund was to be paid over to such child. In default of such children, the principal was to revert to decedent and pass under her will. She reserved the right to remove the trustee, to change any beneficiary of the trust, and to...
Perkins Vs. Elg
Court: US Supreme Court
Decided on: May-29-1939
Perkins v. Elg - 307 U.S. 325 (1939) U.S. Supreme Court Perkins v. Elg, 307 U.S. 325 (1939) Perkins v. Elg No. 454 Argued February 3, 1939 Decided May 29, 1939 * 307 U.S. 325 CERTIORARI TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. A child born here of alien parentage becomes a citizen of the United States. P. 307 U. S. 328 . 2. As municipal law determines how citizenship may be acquired, the same person may possess a dual nationality. P. 307 U. S. 329 . 3. A citizen by birth retains his United States citizenship unless deprived of it through the operation of a treaty or congressional enactment or by his voluntary action in conformity with applicable legal principles. P. 307 U. S. 329 . 4. It has long been a recognized principle in this country that, if a child born here is taken during minority to the country of his parents' origin, where his parents resume their former allegiance, he does not thereby lose his citizenship in the United States p...
Lane Vs. Wilson
Court: US Supreme Court
Decided on: May-22-1939
Lane v. Wilson - 307 U.S. 268 (1939) U.S. Supreme Court Lane v. Wilson, 307 U.S. 268 (1939) Lane v. Wilson No. 460 Argued March 3, 1939 Decided May 22, 1939 307 U.S. 268 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. A negro who is denied by state registration officials the right of registration, prerequisite to the right to vote, under color of a state registration statute which, in violation of the Fifteenth Amendment, works discrimination against the colored race, has a right of action in the federal court for damages against such officials under R.S.1979; 8 U.S.C. 43. Giles v. Harris, 189 U. S. 475 , distinguished. P. 307 U. S. 274 . 2. This resort to the federal court may be had without first exhausting the judicial (distinguished from administrative) remedies of the state courts. P. 307 U. S. 274 . 3. Oklahoma statutes made registration prerequisite to voting, and provided generally that all citizens qualified to vote in 1916 wh...
United States Vs. One Ford Coach
Court: US Supreme Court
Decided on: May-22-1939
United States v. One Ford Coach - 307 U.S. 219 (1939) U.S. Supreme Court United States v. One Ford Coach, 307 U.S. 219 (1939) United States v. One 1936 Model Ford V-8 De Luxe Coach No. 10 Reargued May 1, 1939 Decided May 22, 1939 * 307 U.S. 219 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. Upon the facts, held that claimants for remission of forfeitures of automobiles seized for unlawful transportation of tax unpaid liquors had complied with the conditions imposed by 204(b) of the Liquor Law Repeal and Enforcement Act of August 27, 1935, and that the courts below properly remitted the forfeitures. Pp. 307 U. S. 224 et seq. 2. A claimant (automobile finance company) who in good faith purchased from a dealer a conditional sale contract covering the sale of an automobile, who believed that the vendee named therein was the real purchaser and owner of the automobile, and who had no knowledge, information or suspicion of facts to the contrary ...
Rorick Vs. Devon Syndicate, Ltd.
Court: US Supreme Court
Decided on: May-22-1939
Rorick v. Devon Syndicate, Ltd. - 307 U.S. 299 (1939) U.S. Supreme Court Rorick v. Devon Syndicate, Ltd., 307 U.S. 299 (1939) Rorick v. Devon Syndicate, Ltd. No. 676 Argued April 24, 1939 Decided May 22, 1939 307 U.S. 299 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Review is confined to the questions urged in the petition for certiorari. P. 307 U. S. 303 . 2. The fact that he is an employee of a corporation of which the plaintiff in the case is president does not disqualify a notary public under 11532, General Code of Ohio, from taking an affidavit in attachment or garnishment. P. 307 U. S. 303 . Page 307 U. S. 300 3. Under the General Code of Ohio, 11279, 11819, when a civil action for money has been begun by filing the petitioner and issuing summons, an attachment or garnishment is not premature because obtained prior to personal service or before commencement of service by publication. P. 307 U. S. 306 . 4. Under R.S. 646 and...
Bethlehem Steel Co. Vs. Zurich Gen. Acc. and Liab. Ins. Co.
Court: US Supreme Court
Decided on: May-22-1939
Bethlehem Steel Co. v. Zurich Gen. Acc. & Liab. Ins. Co. - 307 U.S. 265 (1939) U.S. Supreme Court Bethlehem Steel Co. v. Zurich Gen. Acc. & Liab. Ins. Co., 307 U.S. 265 (1939) Bethlehem Steel Co. v. Zurich General Accident & Liability Ins. Co. No. 590 Argued February 9, 10, 1939 Reargued April 27, 1939 Decided May 22, 1939 * 307 U.S. 265 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus Bonds of American corporations, payable in money of the United States or in fixed amounts of foreign currencies, which originally were sold in this country to bankers, but are now held by foreign corporations which purchased them abroad after the effective date of the Joint Resolution of June 5, 1933, and elected to demand payment in foreign currencies, held subject to the Joint Resolution and payable dollar for dollar in United States legal tender. So decided upon the authority of the case last preceding. 279 N.Y. 495, 790; 18 N.E.2d 673; 19 N.E.2d 89, reversed. Certiorari, 305 U.S....
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