Miller v. Rouse
District Court, S.D. New York
Petition by Thomas W. Miller, Alien Property Custodian, against Harry G. Rouse and Mortimer Rouse, as executors of Callman Rouse, deceased. On motion for summary order. Motion on petition by the Alien Property Custodian to compel the summary payment by the executors of Callman Rouse of certain claims alleged to be due from Ruth Marcuse, formerly an alien enemy.
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Petition by Thomas W. Miller, Alien Property Custodian, against Harry G. Rouse and Mortimer Rouse, as executors of Callman Rouse, deceased. On motion for summary order. Motion on petition by the Alien Property Custodian to compel the summary payment by the executors of Callman Rouse of certain claims alleged to be due from Ruth Marcuse, formerly an alien enemy. One was for $4,500, found by the Custodian to have been due as a debt, and the other, $10,000,_ found to be due as a legacy.
1Opinion of the Court
LEARNED HAND, District Judge.
[1] Two demands were made on the executors on September 23, 1919. One of these determined that there was a “certain obligation and indebtedness represented by a certain indebtedness in the sum of $4,500,” which the Alien Property Custodian thereupon demanded. The respondents object that this debt of $4,500 was an unexecuted gift. Perhaps so, but the Custodian has determined that it was a debt, and his determination is conclusive for the purposes of this motion. Central Trust Co. v. Garvan, 254 U. S. 554, 41 Sup. Ct. 214, 65 L. Ed. —. Section 5 of the resolution of…
2Cases cited2 opinions
- Central Union Trust Co. of NY v. GarvanSupreme Court of the United States · 1921
- Kahn v. GarvanDistrict Court, S.D. New York · 1920
3Cited by26 opinions
- Isenberg v. ShermanCalifornia Supreme Court · 1932
- Todeva v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1951
- Isenberg v. ShermanCalifornia Supreme Court · 1931
- Great Northern Railway Co. v. SutherlandSupreme Court of the United States · 1927
- Harvard Trust Co. v. Attorney Gen. of the United StatesMassachusetts Supreme Judicial Court · 1952
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