Us Supreme Court Court February 1942 Judgments
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The gul Djemal,
Court: US Supreme Court
Decided on: Feb-18-1942
The "Gul Djemal," - 264 U.S. 90 (1942) U.S. Supreme Court The "Gul Djemal,", 264 U.S. 90 (1924) The "Gul Djemal" No. 83 Argued January 4, 1924 Decided February 18, 1942 264 U.S. 90 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The objection that a vessel owned, possessed, manned, and operated by a foreign state but engaged in ordinary commerce under charter to a private trader is immune to libel in the district court for services and supplies cannot be raised by her master, who, although a naval officer, is not functioning as such, and is not shown to have authority to represent his sovereign in making the objection. P. 264 U. S. 94 . 296 F. 567 affirmed. Appeal from a decree of the district court sustaining a libel against a ship, for services and supplies. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. Seeking to recover for supplies and services furnished at New York during November, 1920, in order to...
Stewart Vs. Southern Ry. Co.
Court: US Supreme Court
Decided on: Feb-16-1942
Stewart v. Southern Ry. Co. - 315 U.S. 283 (1942) U.S. Supreme Court Stewart v. Southern Ry. Co., 315 U.S. 283 (1942) Stewart v. Southern Railway Co. No. 161 Argued January 8, 1942 Decided February 16, 1942 * 315 U.S. 283 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Evidence, in a railway accident case, held insufficient to sustain a finding on the issue whether the coupling mechanism between two freight cars was such as to comply with the Federal Safety Appliance Act. P. 315 U. S. 286 . 119 F.2d 85, reversed. Certiorari, 314 U.S. 591, to review a judgment which reversed a recovery by the administrator of a deceased railway employee in an action against the railway company for personal injuries and death. See also 115 F.2d 85. Page 315 U. S. 284 MR. JUSTICE ROBERTS delivered the opinion of the Court. This action was brought by the administratrix of Stewart's estate to recover for his death in consequence of a violation of the Safety...
Labor Board Vs. Automotive Maintenance Mach. Co.
Court: US Supreme Court
Decided on: Feb-16-1942
Labor Board v. Automotive Maintenance Mach. Co. - 315 U.S. 282 (1942) U.S. Supreme Court Labor Board v. Automotive Maintenance Mach. Co., 315 U.S. 282 (1942) Labor Board v. Automotive Maintenance Machinery Co. No. 188 Argued February 3, 1942 Decided February 16, 1942 315 U.S. 282 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Findings of the Labor Board sustained as supported by substantial evidence. P. 315 U. S. 282 . 116 F.2d 350 reversed. Certiorari, 314 U.S. 596, to review a judgment setting aside an order of the National Labor Relations Board, 13 N.L.R.B. 338, ordering the company to cease and desist from unfair labor practices; to cease giving effect to a contract with an "inside" union; to withdraw recognition from, and to disestablish, that union; to reinstate with backpay three discharged employees, and to post notices, etc. A provision of the order for reimbursement of certain Government relief agencies was abandoned by the Board. PER CURIA...
Macgregor Vs. State Mut. Life Assur. Co.
Court: US Supreme Court
Decided on: Feb-16-1942
MacGregor v. State Mut. Life Assur. Co. - 315 U.S. 280 (1942) U.S. Supreme Court MacGregor v. State Mut. Life Assur. Co., 315 U.S. 280 (1942) MacGregor v. State Mutual Life Assurance Co. No. 179 Argued February 2, 3, 1942 Decided February 16, 1942 315 U.S. 280 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In the absence of any relevant decision by the state courts, this Court accepts in this cause an interpretation of local law by the Federal District Court in the State and by three Circuit Judges whose circuit includes it. P. 315 U. S. 281 . 119 F.2d 148, affirmed. Certiorari, 314 U.S. 591, to review the affirmance of a judgment against the petitioner in a suit to recover the amount of a premium paid on an annuity contract. Page 315 U. S. 281 PER CURIAM. Petitioner brought this action to recover the premium of a life annuity contract purchased by his decedent. The suit was begun in a state court of Michigan, but was removed, because of di...
Riley Vs. New York Trust Co.
Court: US Supreme Court
Decided on: Feb-16-1942
Riley v. New York Trust Co. - 315 U.S. 343 (1942) U.S. Supreme Court Riley v. New York Trust Co., 315 U.S. 343 (1942) Riley v. New York Trust Co. No. 81 Argued December 16, 1941 Decided February 16, 1942 315 U.S. 343 CERTIORARI TO THE SUPREME COURT OF DELAWARE Syllabus 1. Consistently with the Full Faith and Credit Clause of the Federal Constitution, when a State court, in probating a will and issuing letter testamentary, in a proceeding to which all distributees were parties, expressly finds that the domicile of the testator at the time of his death was in that State, the adjudication of domicile does not bind one who is subsequently appointed as domiciliary administrator c.t.a. in a second State in which he will be called upon to deal with the claims of local creditors, including the claim of the State itself for taxes, and who was not a party to the proceeding in the first State, and in this situation, the courts of a third State, when disposing of local assets claimed by...
United States Vs. Bethlehem Steel Corp.
Court: US Supreme Court
Decided on: Feb-16-1942
United States v. Bethlehem Steel Corp. - 315 U.S. 289 (1942) U.S. Supreme Court United States v. Bethlehem Steel Corp., 315 U.S. 289 (1942) United States v. Bethlehem Steel Corporation No. 8 Argued December 9, 1941 Decided February 16, 1942 * 315 U.S. 289 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Contracts made in the emergency of war between the Fleet Corporation and a shipbuilding company, for the construction of ships for the United States, provided that the price to be paid the builder should include the actual cost of the ships and two elements of profit, (1) a fixed amount calculated on an agreed Page 315 U. S. 290 estimate of cost and (2) a "bonus for savings," of one-half the amount by which the actual cost turned out lower than the estimate; but no obligation of the builder to make special effort to effect such savings by increasing its efficiency was expressed in the contracts. Held: (1) There is no ground to imply such an o...
Wright Vs. Logan
Court: US Supreme Court
Decided on: Feb-02-1942
Wright v. Logan - 315 U.S. 139 (1942) U.S. Supreme Court Wright v. Logan, 315 U.S. 139 (1942) Wright v. Logan No. 229 Argued January 9, 1942 Decided February 2, 1942 315 U.S. 139 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. The right of a farmer to be adjudged a bankrupt under 75(s) of the Bankruptcy Act is not conditioned upon the diligence with which he has sought to obtain a composition or an extension under 75(a)-(r). P. 315 U. S. 141 . 2. Any right to redeem from a mortgage foreclosure and sale which a farmer debtor has at the time of applying for adjudication under 75 of the Bankruptcy Act continues to be part of his assets and subject to the administration of the bankruptcy court. P. 315 U. S. 142 . 119 F.2d 354 reversed. Certiorari, 314 U.S. 592, to review a judgment which affirmed a judgment of the bankruptcy court dismissing bankruptcy proceedings by farmer debtors and upholding the full force and effect of foreclosure p...
Helvering Vs. Alabama Asphaltic Limestone Co.
Court: US Supreme Court
Decided on: Feb-02-1942
Helvering v. Alabama Asphaltic Limestone Co. - 315 U.S. 179 (1942) U.S. Supreme Court Helvering v. Alabama Asphaltic Limestone Co., 315 U.S. 179 (1942) Helvering v. Alabama Asphaltic Limestone Co. No. 328 Argued January 15, 1942 Decided February 2, 1942 315 U.S. 179 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Pursuant to a plan of its creditors, an insolvent corporation was adjudged bankrupt; its assets were sold by the bankruptcy trustee, bid in by the creditors' committee, and acquired by a new corporation in exchange for its stock, all of which was issued to creditors of the old corporation in satisfaction of their claims, the old stockholders being eliminated. Non-assenting minority creditors were paid in cash. Operations were not interrupted by the reorganization, and were carried on subsequently by substantially the same persons as before. Held: (1) A "reorganization" within the meaning of 112(i)(1) of the Revenue Act of 1928, so th...
Great Northern Ry. Co. Vs. United States
Court: US Supreme Court
Decided on: Feb-02-1942
Great Northern Ry. Co. v. United States - 315 U.S. 262 (1942) U.S. Supreme Court Great Northern Ry. Co. v. United States, 315 U.S. 262 (1942) Great Northern Railway Co. v. United States No. 149 Argued January 13, 14, 1942 Decided February 2, 1942 315 U.S. 262 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. The Right of Way Act of March 3, 1875, granting to railroads the right of way through public lands of the United States, grants an easement only, not a fee, and confers no right to oil and minerals underlying the right of way. Pp. 315 U. S. 271 , 315 U. S. 279 . 2. This construction of the Act is supported by its language, its legislative history, its early administrative interpretation, and the construction placed upon it by Congress in subsequent enactments. P. 315 U. S. 277 . 3. The general rule of construction that any ambiguity in a grant is to be resolved in favor of the sovereign grantor -- nothing passes but what is conveyed in...
Cloverleaf Butter Co. Vs. Patterson
Court: US Supreme Court
Decided on: Feb-02-1942
Cloverleaf Butter Co. v. Patterson - 315 U.S. 148 (1942) U.S. Supreme Court Cloverleaf Butter Co. v. Patterson, 315 U.S. 148 (1942) Cloverleaf Butter Co. v. Patterson No. 28 Argued December 9, 10, 1941 Decided February 2, 1942 315 U.S. 148 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Acting under authority of a state statute, state officials inspected and seized packing stock butter acquired by a manufacturer for use in the manufacture of renovated butter for interstate commerce. Held, that such state action was inconsistent with and excluded by the federal laws and regulations relating to the manufacture of renovated butter. Internal Revenue Code, 2320-2327. P. 315 U. S. 167 . 2. By the regulatory provisions of Internal Revenue Code, 2325, the entire process of manufacture of renovated butter is subject to federal supervision. P. 315 U. S. 154 . 3. The federal legislation involved here is not solely a revenue measure; it is authori...
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