United States v. Insurance Companies
Supreme Court of the United States
Appeals from the Court of Claims. The Home Insurance Company and the Southern Insurance and Trust Company, both being corporations created by the legislature of Georgia iii 1861 and 1863, while the State was in armed rebellion against the government of the United States, brought suit in the court below against the United States, under the Captured and Abandoned Property Act (an act which, by its terms, gives a right to sue only to persons who have borne true faith and…
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Appeals from the Court of Claims. The Home Insurance Company and the Southern Insurance and Trust Company, both being corporations created by the legislature of Georgia iii 1861 and 1863, while the State was in armed rebellion against the government of the United States, brought suit in the court below against the United States, under the Captured and Abandoned Property Act (an act which, by its terms, gives a right to sue only to persons who have borne true faith and allegiance to the government and have never voluntarily aided, abetted, or given encouragement to rebellion), to recover the…
1Opinion of the CourtJustice Strong
It may well be doubted whether under the pleadings in the court below the appellants have any right to raise the objection here that the companies plaintiff have now no legal existence, because incorporated after the attempted secession of Georgia from the Union, and before the close of the war. There was no plea that traversed directly the corporate existence of the plaintiffs. A general denial of the averments of the petition was hardly sufficient. Notwithstanding the old rule that a corporation suiug must pi’ove its corporate existence, it has been many times decided that a plea of the…
2Cited by28 opinions
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- Kadic v. KaradžićCourt of Appeals for the Second Circuit · 1995
- Sokoloff v. National City BankNew York Court of Appeals · 1924
- Transportes Aereos De Angola v. Ronair, Inc.District Court, D. Delaware · 1982
- Federal Republic of Germany v. ElicofonDistrict Court, E.D. New York · 1972
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