United States Supreme Court Cases & Opinions

U.S. Supreme Court

Zimmermann v. Sutherland, 274 U.S. 253 (1927)

Zimmermann v. Sutherland

No. 180

Argued March 1, 1927

Decided May 16, 1927

274 U.S. 253

Syllabus

In a suit under the Trading with the Enemy Act to satisfy a claim of the plaintiffs as depositors against an Austrian bank (whose property in this country was seized under the Act), the debt being due

Page 274 U. S. 254

and payable in Austria and governed by the Austrian law, a payment into court there, which by that law operated as a discharge, is a complete defense. P. 274 U. S. 255.

7 F.2d 443 affirmed.

Appeal from a decree of the circuit court of appeals in a suit brought under the Trading with the Enemy Act by depositor-creditors of an Austrian bank, property of which in this country had been seized by the Alien Property Custodian during the war. The district court awarded a recovery at the rate of exchange on August 12, 1919. The court below reversed this, holding that a deposit of kronen in Austria, April 1, 1920, had operated as a discharge.