(Download) "Cabell v. Markham" by Second Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Cabell v. Markham
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 03, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This appeal depends upon the meaning of a part of the proviso to 9(e) of the Trading with the Enemy Act, as amended on March 10, 1928, 50 U.S.C.A.Appendix, ? 9(e), which we quote in the margin. The plaintiff filed a complaint under ? 9(a) of that act, alleging that he was a creditor of an Italian insurance company, whose assets in this country the predecessor in office of the defendant, Markham, had seized, as Alien Property Custodian; and that he had presented his claim in due form to the Custodian, who refused to recognize it. The defendants moved to dismiss the complaint because of its insufficiency in law, on the ground that the claim had not been in existence before October 6, 1917, and had not been filed before the date of the enactment of the Settlement of War Claims Act of 1928. The judge held that, since both these facts appeared in the complaint, the proviso of ? 9(e) just quoted covered the situation; and for this reason he dismissed the complaint.