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United States v. Pink

United States v. Pink, 315 U.S. 203 (1942), was a United States Supreme Court decision related to the Litvinov Assignment, wherein the US government recognised Soviet Russia as the successor of the previous Russian government.[1] The United States sued Louis H. Pink,[2] the Superintendent of Insurance of the State of New York, for claims regarding the First Russian Insurance Company.

United States v. Pink
Argued December 15, 1941
Decided February 2, 1942
Full case nameUnited States v. Pink, Superintendent of Insurance of State of New York, et al.
Citations315 U.S. 203 (more)
62 S. Ct. 552; 86 L. Ed. 796; 1942 U.S. LEXIS 1060
Case history
PriorUnited States v. Pink, 259 A.D. 871, 871, 20 N.Y.S.2d 665 (App. Div. 1940), affirmed, 284 N.Y. 555, 32 N.E.2d 552 (1940); cert. granted, 313 U.S. 553 (1941).
Holding
Rights to the property in question passed from the Soviet government to the United States by the Litvinov Assignment.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
James F. Byrnes · Robert H. Jackson
Case opinions
MajorityDouglas
ConcurrenceFrankfurter

The First Russian Insurance Company was organized under the former Russian government. The company opened an American branch in New York in 1907. After the Russian Revolution, the Russian government nationalized all insurance companies, including First Russian. The case concerned the return of over $1 million in assets held by the Superintendent of Insurance pursuant to the Litvinov Assignment. New York law granted marshalling preference of the nationalized assets to foreign creditors over American creditors.

The court stated that the action of New York

amounted in substance to a rejection of a part of the policy underlying recognition by this nation of Soviet Russia. Such power is not accorded a State in our constitutional system. ... No state can rewrite our foreign policy to conform to its own domestic policies. Power over external affairs is not shared by the States; it is vested in the national government exclusively.

The court ruled that rights to the property in question passed from the Soviet government to the United States by the Litvinov Assignment.

See also edit

References edit

  1. ^ United States v. Pink, 315 U.S. 203 (1942).
  2. ^ United States v. Pink, 284 N.Y. 555, 32 N.E.2d 552 (C.A.N.Y. 1940).

External links edit

  • Text of United States v. Pink, 315 U.S. 203 (1942) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress 


united, states, pink, 1942, united, states, supreme, court, decision, related, litvinov, assignment, wherein, government, recognised, soviet, russia, successor, previous, russian, government, united, states, sued, louis, pink, superintendent, insurance, state,. United States v Pink 315 U S 203 1942 was a United States Supreme Court decision related to the Litvinov Assignment wherein the US government recognised Soviet Russia as the successor of the previous Russian government 1 The United States sued Louis H Pink 2 the Superintendent of Insurance of the State of New York for claims regarding the First Russian Insurance Company United States v PinkSupreme Court of the United StatesArgued December 15 1941Decided February 2 1942Full case nameUnited States v Pink Superintendent of Insurance of State of New York et al Citations315 U S 203 more 62 S Ct 552 86 L Ed 796 1942 U S LEXIS 1060Case historyPriorUnited States v Pink 259 A D 871 871 20 N Y S 2d 665 App Div 1940 affirmed 284 N Y 555 32 N E 2d 552 1940 cert granted 313 U S 553 1941 HoldingRights to the property in question passed from the Soviet government to the United States by the Litvinov Assignment Court membershipChief Justice Harlan F Stone Associate Justices Owen Roberts Hugo BlackStanley F Reed Felix FrankfurterWilliam O Douglas Frank MurphyJames F Byrnes Robert H JacksonCase opinionsMajorityDouglasConcurrenceFrankfurterThe First Russian Insurance Company was organized under the former Russian government The company opened an American branch in New York in 1907 After the Russian Revolution the Russian government nationalized all insurance companies including First Russian The case concerned the return of over 1 million in assets held by the Superintendent of Insurance pursuant to the Litvinov Assignment New York law granted marshalling preference of the nationalized assets to foreign creditors over American creditors The court stated that the action of New Yorkamounted in substance to a rejection of a part of the policy underlying recognition by this nation of Soviet Russia Such power is not accorded a State in our constitutional system No state can rewrite our foreign policy to conform to its own domestic policies Power over external affairs is not shared by the States it is vested in the national government exclusively The court ruled that rights to the property in question passed from the Soviet government to the United States by the Litvinov Assignment See also editBricker Amendment Legal background List of United States Supreme Court cases volume 315References edit United States v Pink 315 U S 203 1942 United States v Pink 284 N Y 555 32 N E 2d 552 C A N Y 1940 External links editText of United States v Pink 315 U S 203 1942 is available from CourtListener Findlaw Google Scholar Justia Library of Congress nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title United States v Pink amp oldid 1175151876, wikipedia, wiki, book, books, library,

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