United States Supreme Court Cases & Opinions

U.S. Supreme Court

Smith v. Davis, 323 U.S. 111 (1944)

Smith v. Davis

No. 23

Argued October 16, 1944

Decided December 4, 1944

323 U.S. 111

Syllabus

1. An open account claim of a creditor of the United States, representing a balance claimed to be due under Army construction contracts, held not a credit instrumentality of the United States, and not constitutionally immune from nondiscriminatory state taxation. P. 323 U. S. 113.

2. R.S. § 3701, exempting from state and local taxation "[a]ll stocks, bonds, Treasury notes, and other obligations of the United States" held inapplicable to an open account claim of a creditor of the United States. P. 323 U. S. 116.

3. Under the rule of ejusdem generis, the words "other obligations" in R.S. § 3701 are to be construed as referring only to obligations or securities of the same type as those specifically enumerated, and not as extending to noninterest-bearing claims or obligations which the United States does not use or need for credit purposes. P. 323 U. S. 117.

197 Ga. 95, 28 S.E.2d 148, affirmed.

Page 323 U. S. 112

Certiorari, 321 U.S. 761, to review a judgment directing dismissal of a suit to enjoin the assessment of a state tax.