Legal Opinion
J. Kahn & Co., Inc. v. Clark, Attorney General
Court of Appeals for the Fifth Circuit
Decided December 2, 1949No. 12863_1PublishedCited by 29 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The suit, brought under Sec. 9(a) of the Trading with the Enemy Act, 40 Stat. 411, as amended, 50 U.S.C.A.Appendix, §§ 1 to 39, was to recover $16,000.00 seized and paid over under vesting order of May 27, 1947, as money owed by plaintiff, a cotton merchant organized under the laws of Texas, on that date to Asahi Menka -Shokai, a Japanese national.
The claim was that: though plaintiff had entered on its books on October 21, 1941, a credit of $16,000 in favor of Asahi, that entry was made without consideration and under a mistake of fact, and in ignorance of appellant’s…
2Cases cited11 opinions
- Williams v. First Nat. Bank of Pauls ValleySupreme Court of the United States · 1910
- Hennessy v. BaconSupreme Court of the United States · 1890
- Camoron v. ThurmondTexas Supreme Court · 1881
- Gilliam v. AlfordTexas Supreme Court · 1887
- Ferguson-McKinney Dry Goods Co. v. GarrettTexas Commission of Appeals · 1923
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Mid-South Towing Company v. Har-Win, Inc. v. Okc Corporation Liquidating TrustCourt of Appeals for the Fifth Circuit · 1984
- Meetings & Expositions, Inc. v. Tandy CorporationCourt of Appeals for the Second Circuit · 1974
- Cia Anon Venezolana De Navegacion v. Frank L. Harris and Pate Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- Liberto v. D.F. Stauffer Biscuit Co.Court of Appeals for the Fifth Circuit · 2006
- Ernest W. Kent v. James Baker, Iii, Secretary of the Treasury, Internal Revenue Service, an Agency of the United States GovernmentCourt of Appeals for the Eleventh Circuit · 1987
24 more not listed; retrieve them via the Exa API.