MERCANTILE-COMMERCE BANK & TRUST CO. ET AL.
v.
DEPARTMENT OF FINANCIAL INSTITUTIONS OF INDIANA ET AL.

U.S. | 1938-03-28
Nos. 812 and 813
303 U.S. 656 Supreme Court of the United States (1938) Caution
Cited by 4 cases

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  • …ew York Supreme Court held that the taxing statute as applied to respondent does so infringe, 255 App. Div. 961; 8 N. Y. S. 2d 668, on the authority of Matter of National Cash Register Co. v. [*42] Taylor, 276 N. Y. 208; 11 N. E. 2d 881, cert. den., 303 U. S. 656; Matter of Compagnie Generale Transatlantique v. McGoldrick, 279 N. Y. 192; 18 N. E. 2d 28. The New York Court of Appeals affirmed without opinion, 281 N. Y. 610, but its amended remittitur declared that the affirmance was upon the sole ground that…
  • FOX v. United States, 417 F.2d 84 (5th Cir. 1969)
    …rida courts and were thereby removed from federal jurisdiction. In support of this proposition appellant relies upon Department of Financial Institutions of Indiana v. Mercantile Commerce Bank & Trust Co., 92 F. 2d 639 (7th Cir. 1937), cert. denied 303 U.S. 656, 58 S.Ct. 760, 82 L.Ed. 1116 (1938), and Cartlidge v. Rainey, 168 F. 2d 841 (5th Cir. 1948). Both of these cases, we feel, are clearly distinguishable. In the Mercantile Bank case, the Indiana Department of Financial Institutions had taken possess…
  • …v. Mercantile Insurance Co., 90 F.Supp. 472, 476 (S.D.Cal.1950), aff’d, 187 F. 2d 654 (9th Cir. 1951), cert. denied, 342 U.S. 896, 72 S.Ct. 228, 96 L.Ed. 671 (1951); cf. Royal Insurance Co. v. Smith, 77 F. 2d 157, 159 (9th Cir. 1935), cert. denied, 303 U.S. 656, 58 S.Ct. 759, 82 L.Ed. 1115 (1938). See generally 16 Appleman, Insurance Law and Practice § 9163, at 703 (1944). Defendants urge that as a matter of Oregon law Chaney was not their broker; rather he must be deemed the agent of plaintiff, the insur…

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