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WHITE V. MECHANICS SECURITIES CORP., 269 U. S. 283 (1925)

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U.S. Supreme Court

White v. Mechanics Securities Corp., 269 U.S. 283 (1925)

White v. Mechanics Securities Corporation

Nos. 423, 424, 425, 430, 431, 809, 810

Argued December 1, 2, 1925

Decided December 14, 1925

269 U.S. 283

Syllabus

1. Under Jud.Code § 240, as amended by the Act of Feb. 13, 1925, a case pending undecided in the circuit court of appeals on appeal from a decree of the district court may be brought to this Court by certiorari. P. 299. chanroblesvirtualawlibrary

Page 269 U. S. 284

2. Under § 9 of the Trading with the Enemy Act, a suit may be maintained by private parties against the Alien Property Custodian and the Treasurer of the United States to collect notes of the late Imperial German Government out of its funds seized by the Custodian without making the present German government a party. P. 269 U. S. 300.

3. The disposition made of such enemy funds by the Trading with the Enemy Act was within the powers of Congress, recognized by our Treaty with Germany ending the war. Id.

4. By the Trading with the Enemy Act, the United States, with respect to funds of an enemy government seized by the Alien Property Custodian, assumed the position of trustee for the benefit of claimants, and renounced its power to assert a claim of its own, except on the same footing and in the same way as others, if at all. P. 269 U. S. 301.

5. Admissions made under oath by the Alien Property Custodian and the Treasurer of the United States in their answer in a suit against them under the Trading with the Enemy Act, to the effect that funds seized by the former and deposited with the latter belonged to the Imperial German Government, are evidence against them in that and in other like cases. P. 269 U. S. 301.

6. Such admissions are conclusive in the case in which made, in the absence of other evidence to the contrary, and their force as evidence does not depend upon the authority of the Custodian to determine the fact admitted. Id.

4 F.2d 619, 624, affirmed.

Of the above entitled causes, Nos. 423, 425 and 431 were appeals from decrees of the Court of Appeals of the chanroblesvirtualawlibrary

Page 269 U. S. 285

District of Columbia affirming decrees rendered by the Supreme Court of the District in three suits brought under § 9 of the Trading with the Enemy Act sustaining the plaintiffs' claims and directing the Treasurer of the United States to pay the respective amounts found due, with interest; Nos. 424, * and 430 were appeals from decrees of the Court of Appeals of the District dismissing appeals taken by the United States from orders entered by the Supreme Court of the District striking out suggestions filed on behalf of the United States in causes Nos. 425, * and 431; Nos. 809 and 810 were writs of certiorari issued for the purpose of reviewing a decree of the District Court for the Eastern District of Missouri awarding like relief to another claimant under the Act and overruling suggestions filed on behalf of the United States. The certiorari was directed to the Circuit Court of Appeals before which appeals from the last mentioned decree were awaiting argument. chanroblesvirtualawlibrary

Page 269 U. S. 298





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