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Flink v. Paladini, 279 U.S. 59 (1929)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Flink v. Paladini, 279 U.S. 59 (1929)
Flink v. Paladini No. 299 Submitted February 21, 1929 Decided March 5, 1929 279 U.S. 59
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The words of the Acts of Congress limiting the liability of shipowners to the value of the vessel and pending freight, and of part owners to their proportional share, must be taken in a broad and popular sense in order not to defeat the policy of the acts to encourage investment in shipping. P. 62.
2. Therefore, where the title to the vessel is in a corporation whose stockholders are by state law made proportionately liable for obligations of the corporation, the stockholder may limit liability as "part owners." P. 62.
3. The individual liability assumed under Art. XII, § 3, of the California Constitution and § 322 of the Civil Code by becoming a stockholder of a California ship-owning corporation, though voluntary and contractual, is to be construed as subject to the limited liability acts of Congress. P. 63.
2 F.2d 21 affirmed.
Certiorari, 278 U.S. 589, to a decree of the circuit court of appeals reversing an order of the district court in a proceeding to limit liability for personal injuries suffered by the present petitioner while serving aboard ship at sea. The reversed order refused a stay of actions in state and federal courts which the petitioner had brought against the respondents to enforce their liability under the state law as stockholders of the corporation owning the ship.
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Chicago: U.S. Supreme Court, "Syllabus," Flink v. Paladini, 279 U.S. 59 (1929) in 279 U.S. 59 279 U.S. 61. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1BCJLS92S252W2E.
MLA: U.S. Supreme Court. "Syllabus." Flink v. Paladini, 279 U.S. 59 (1929), in 279 U.S. 59, page 279 U.S. 61. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1BCJLS92S252W2E.
Harvard: U.S. Supreme Court, 'Syllabus' in Flink v. Paladini, 279 U.S. 59 (1929). cited in 1929, 279 U.S. 59, pp.279 U.S. 61. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1BCJLS92S252W2E.
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