Legal Opinion
Securities and Exchange Commission v. W. J. Howey Co.
Supreme Court of the United States
Decided October 14, 1946No. 843PublishedCited by 1,586 opinions
1Opinion of the CourtJustice Murphy
This case involves the application of § 2 (1) of the Securities Act of 19331 to an offering of units of a citrus grove development coupled with a contract for cultivating, marketing and remitting the net proceeds to the investor.
The Securities and Exchange Commission instituted this action to restrain the respondents from using the mails and instrumentalities of interstate commerce in the offer and sale of unregistered and non-exempt securities in violation of § 5 (a) of the Act. The District Court denied the injunction, 60 F. Supp. 440, and the Fifth Circuit Court of Appeals affirmed the…
2Cases cited21 opinions
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- State v. Gopher Tire & Rubber Co.Supreme Court of Minnesota · 1920
- Securities & Exchange Commission v. Universal Service Ass'nCourt of Appeals for the Seventh Circuit · 1939
- Securities & Exchange Commission v. Timetrust, Inc.District Court, N.D. California · 1939
- Penfield Co. of Cal. v. Securities and Exch. Com'nCourt of Appeals for the Ninth Circuit · 1944
16 more not listed; retrieve them via the Exa API.
3Cited by1,586 opinions
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
1,581 more not listed; retrieve them via the Exa API.