Opinion

GMO. Niehaus & Co. v. United States

  • 153 F. Supp. 428
  • 139 Ct. Cl. 605
  • 1957 U.S. Ct. Cl. LEXIS 113
Court
United States Court of Claims
Filed
Jul 12, 1957
Status
Published
Author
Whitaker
On the bench
Jones, Littleton, Whitaker, Madden, Laramore, Lara-More
Cited by
15 cases

holding that the intention of the President was the controlling factor on what would be binding

How later courts described this case

  • holding that the intention of the President was the controlling factor on what would be binding
  • illegal exaction jurisdiction from property seizure
  • money damages for improper governmental seizure of New York bank deposits of a foreign corporation

Written by the judges who cited it.

The opinion

WHITAKER, Judge

(dissenting).

I think jurisdiction to recover property seized by the Alien Property Custodian is expressly denied this court by section 9(f) of the Trading with the Enemy Act, supra. It reads:

“Except as herein provided, the money or other property conveyed, transferred, assigned, delivered, or' paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court.”

Numerous cases cited in the defendant’s brief support this view.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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