ANDERSON, RECEIVER,
v.
ATHERTON, ADMINISTRATOR

U.S. | 1937-10-18
No. 12
302 U.S. 643 Supreme Court of the United States (1937) Caution
Cited by 22 cases
Per_curiam
Per Curiam:

Certiorari, 300 U. S. 652, to the Circuit Court of Appeals for the Sixth Circuit.

Per Curiam:

The Court is of the opinion that the Circuit Court of Appeals was in error in ruling that, in the absence of a cross appeal, the question whether common law liability for negligence would support the decree was not before the court for review. United States v. American Express Co., 265 U. S. 425, 435, 436; Langnes v. Green, 282 U. S. 531, 538, 539; Public Service Commission v. Havemeyer, 296 U. S. 506, 509; United States v. Curtiss-Wright Corp., 299 U. S. 304, 330; Morley Construction Co. v. Maryland Casualty Co., 300 U. S. 185, 191. The decree of the Circuit Court of Appeals is reversed and the cause is remanded to that court for the determination of that question.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Michelsen v. Penney, 135 F.2d 409 (2d Cir. 1943)
    …-law negligence, since the receiver had not appealed from a decree generally favorable to him. Hence it reversed the greater part of the recovery allowed below. But the Supreme Court held that the court should have considered the common-law grounds, 302 U.S. 643, 58 S.Ct. 53, 82 L.Ed. 500. Hence on rehearing the circuit court granted most of the recovery allowed below, finding common-law negligence both in cases specifically covered by statute and in cases not so covered. Atherton v. Anderson, 6 Cir., 99 F.…
  • Corning v. Commissioner of Internal Revenue, 104 F.2d 329 (6th Cir. 1939)
    …t subscribe to the view of the petitioner that this presents a new issue since it was not urged to the Board and so should not be considered here, because under settled rules the decision must be upheld if right for any reason, Anderson v. Atherton, 302 U.S. 643, 58 S.Ct. 53, 82 L.Ed. 500, we are not persuaded that the father fails to qualify as a person having an adverse interest. Under the terms of. each trust the' father could amend at any time and require distribution of all income to himself,. might pr…
  • Atherton v. Anderson, 99 F.2d 883 (6th Cir. 1938)
    …ircuit Judge. Our first opinion is found in 6 Cir., 86 F. 2d 518. The Supreme Court remanded the cause for a determination of the question whether the common law liability of appellants for negligence would support the decree of the District Court. 302 U.S. 643, 58 S.Ct. 53, 82 L.Ed. 500. The controversy is reduced to: (1) Loans to and overdrafts by Kentucky Wagon Manufacturing Company; (2) loans to Wakefield & Company; (3) loans to Murray Rubber Company; and (4) loans col-lateraled by Banco-Kentucky stoc…

Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw