Hamburg-American Co. v. United States, 277 U.S. 138 (1928)

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Hamburg-American Line Terminal & Navigation


Company v. United States
Nos. 3

, 4

, 5


Argued April 25, 1928
Decided May 14, 1928
277 U.S. 138

APPEALS FROM THE COURT OF CLAIMS

Syllabus

1. Under the Trading With the Enemy Act of October 6, 1917, § 2, property in this country owned by a domestic corporation was nonenemy property even though an enemy owned all of its stock. P. 140.

2. Where property of a domestic corporation whose stock was enemy-owned was taken over during the war and the compensation fixed by the President was paid, interest on the sum paid is not recoverable from time of taking to time of payment in the absence of anything showing that due allowance for the delay was not made in fixing the compensation. P. 141.

3. Petitions in these cases alleging taking and use of plaintiffs’ property by the United States state causes of action, but should be made more definite and certain by amendment. P. 141.

59 Ct.Cls. 461, id., 974, reversed.

Appeals from judgments of the Court of Claims dismissing petitions based on the taking and use of plaintiffs’ property during the war.