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Swiss National Ins. Co., Ltd. v. Miller, 267 U.S. 42 (1925)
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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.
Swiss National Ins. Co., Ltd. v. Miller, 267 U.S. 42 (1925)
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Swiss National Insurance Company, Limited v. Miller No. 132 Argued November 18, 1924 Decided February 2, 1925 267 U.S. 42
APPEAL FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. Where a corporation was an "enemy" within the definition of the Trading with the Enemy Act because doing business in Germany, the enemy status of its property then seized in this country was not changed by a subsequent cessation of such business. P. 44.
2. The fact that an enemy corporation ceased to be an enemy when the war was ended by the Joint Resolution of July 2, 1921, did not entitle it to a return of its seized property, for, by § 12 of the Trading with the Enemy Act, such claims were to be settled by future direction of Congress. Id.
3. Clause 1 of § 9-b of the Trading with the Enemy Act, as amended June 5, 1920, c. 241, 41 Stat. 977, which provides for return of seized enemy property whose owner was and remains a "citizen or subject" of a nation other than Germany, Austria, Hungary, or Austria-Hungary, cannot be construed as including corporations. So held in view of the use of "citizen or subject" in other clauses of the section relating only to natural persons, and more particularly because the 6th clause of the same section makes a special classification of partnerships, associations, and corporations, allowing return of property if they were and remain entirely owned by subjects or citizens of nations other than those above mentioned. P. 45.
4. Whether the terms "citizen or subject" are broad enough to include corporations depends upon the intent to be gathered from the legislation in which they occur. P. 46.
5. Clause 11 of § 9-b of the Trading with the Enemy Act, added by the amendment of March 4, 1923, c. 285, 42 Stat. 1511, amounts to a legislative construction of clause 1 as above construed. P. 48.
53 App.D.C. 173 (289 F. 571) affirmed.
Appeal from a decree of the Court of Appeals of the District of Columbia affirming a decree of the Supreme Court of the District which dismissed the appellant’s bill against the Alien Property Custodian and the Treasurer of the United States to recover securities seized and held under the Trading with the Enemy Act.
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Chicago: U.S. Supreme Court, "Syllabus," Swiss National Ins. Co., Ltd. v. Miller, 267 U.S. 42 (1925) in 267 U.S. 42 267 U.S. 43. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=4SBTXZSH4EG7QVI.
MLA: U.S. Supreme Court. "Syllabus." Swiss National Ins. Co., Ltd. v. Miller, 267 U.S. 42 (1925), in 267 U.S. 42, page 267 U.S. 43. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4SBTXZSH4EG7QVI.
Harvard: U.S. Supreme Court, 'Syllabus' in Swiss National Ins. Co., Ltd. v. Miller, 267 U.S. 42 (1925). cited in 1925, 267 U.S. 42, pp.267 U.S. 43. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=4SBTXZSH4EG7QVI.
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