Mayer v. Garvan
Court of Appeals for the First Circuit
Anderson, Circuit Judge, dissenting. Appeals from the District Court of the United States for the district of Massachusetts; George H. Bingham, Judge. Suit by Richard Mayer against Francis P. Garvan, Alien Property Custodian, and others, to claim property seized by the custodian. From a decree requiring redelivery of the property to the plaintiff, for dissolution of the partnership, and for an accounting of the interest of enemy partners therein, both parties appeal.
1DissentAnderson, Circuit Judge
I regret that I cannot concur in the. result reached by the majority of the court. I think it so perverts the Trading with the Enemy Act as to make it unnecessarily harmful to American citizens and probably ultimately advantageous to Germans.
At the outset it should be held dearly in mind that the case before us does not involve the right of the Custodian to seize the property in question. It involves only his right to retain it^or, as the case now stands, to retake a portion of it after accounting by the plaintiff. This anomalous and somewhat confusing situation--of a right to seize what may…
2Cases cited16 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Pritchard v. NortonSupreme Court of the United States · 1882
- Central Union Trust Co. of NY v. GarvanSupreme Court of the United States · 1921
- Hanger v. AbbottSupreme Court of the United States · 1868
- Brown v. United StatesSupreme Court of the United States · 1814
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