Kohn v. Jacob & Josef Kohm, Inc.
District Court, S.D. New York
In Equity. Suit by Julius Kohn against Jacob & Josef Kohn, Incorporated, and Francis P. Garvan, individually and as Alien Property Custodian. On motion by the Alien Property Custodian to dismiss the bill. Motion by the Alien Property Custodian to dismiss a bill in equity brought against a domestic corporation and the Alien Property Custodian for lack of jurisdiction.
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In Equity. Suit by Julius Kohn against Jacob & Josef Kohn, Incorporated, and Francis P. Garvan, individually and as Alien Property Custodian. On motion by the Alien Property Custodian to dismiss the bill. Motion by the Alien Property Custodian to dismiss a bill in equity brought against a domestic corporation and the Alien Property Custodian for lack of jurisdiction. The bill alleged that the domestic corporation owed plaintiff a. large sum of money in December, 1917, at which time he resided in, and was presumably a subject of, that part of the Austro-Hungarian Empire which is now included…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The chief question raised is whether the right of capture was effectively exercised by the demand of the Alien Property Custodian on June 27, 1918, at which time the plaintiff was an enemy. The “property” was a debt of which he was the obligee and the domestic corporation the obligor. Twp questions 'arise: Was a debt within the scope of section 7 (c) of the act (Comp. St, 1918, Comp. St. Ann. Supp. 1919, § 3115%d), on June 27, 1918? Was the demand of the Alien Property Custodian an effective cápture, if it was ?
[1] On the date in question the section read…
2Cases cited1 opinion
- Garvan v. $20,000 BondsCourt of Appeals for the Second Circuit · 1920
3Cited by8 opinions
- McGrath v. Manufacturers Trust Co.Supreme Court of the United States · 1949
- In re MillerCourt of Appeals for the Second Circuit · 1922
- In Re the Estate of IsenbergHawaii Supreme Court · 1925
- Clark v. E. J. Lavino & Co.District Court, E.D. Pennsylvania · 1947
- Garvan v. Marconi Wireless Telegraph Co. of AmericaDistrict Court, D. New Jersey · 1921
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