Deberes IV. Palabras interesantes del Ingles. Fuentes de Maximas Legales (Ingles).

Algunos conceptos en Ingles, que pueden ayudar a entender el Legales (tambien ayudan a entender el legalese Castellano).


Commercial Domicile


Commercial Domicile In order to constitute “commercial domicile” where intangible property is taxable other than at owner’s domicile, possession and control of such intangible property must be localized in some independent business or investment away from owner’s domicile so that its substantial use and value primarily attach to and become an asset of the outside business. 68 O.S.1941, §§ 1501, 1504. In re Harris, Upham & Co., 148 P.2d 191, 194 Okl. 155.

Where corporation has only a paper domicile, the state where the greatest portion of corporation’s control exists is its “commercial domicile”. Southern Pac. Co. v. McColgan, 156 P.2d 81, 100, 68 Cal.App.2d 48.

Where railroad company, incorporated in Kentucky, was not authorized to do business in Kentucky, but did its business in California and six other states, and over 50 per cent. of its transportation business was done in California, company had its “commercial domicile” in California. Southern Pac. Co. v. McColgan, 156 P.2d 81, 100, 68 Cal.App.2d 48.

Where a corporation organized under the laws of one state transacts no business therein and establishes its principal office in another state where the corporation manages and directs its business, it acquires a “commercial domicile” there. Cargill, Inc., v. Spaeth, 10 N.W.2d 728, 733, 215 Minn. 540.

Delaware corporation, which had its principal office and manufacturing facilities in Michigan where it kept its books and records and held officers’ and directors’ meetings, had a “business situs” as to its intangibles and also a “commercial domicile” in Michigan for purposes of determining its liability for Michigan privilege fees. Udylite Corp. v. Michigan Corp. & Securities Commission, 29 N.W.2d 132, 136, 319 Mich. 1.

Where steamship company, which was incorporated in Indiana, and which operated steamships on the Great Lakes between ports in New York, Ohio, Michigan, Illinois, Minnesota and Canada, had its executive offices in Michigan where all its officers and all but one of its directors resided, and steamships, on their regularly scheduled routes, did not enter any port in Indiana, company had its “commercial domicile” in Michigan, and was subject to privilege fee in Michigan. Chicago, Duluth & Georgian Bay Transit Co. v. Michigan Corp. & Securities Commission, 29 N.W.2d 303, 306, 319 Mich. 14.

A nonstock co-operative membership corporation incorporated under Maryland laws and comprising some 1,150 dairy farmers as members, by carrying on commercial transactions in the District of Columbia, established its “commercial domicile” in the District and was “engaged in business” in the District and was thus subject to intangible personal property tax there, even though its “legal residence” was in Maryland. Maryland & Virginia Milk Producers Ass’n v. District of Columbia, 119 F.2d 787, 790, 73 App.D.C. 399.

Where Delaware corporation purchased natural gas in Louisiana and transported it through its pipeline to points in Tennessee where it delivered the gas into pipelines of two distributing companies who distributed the gas to consumers, corporation was licensed to do business in Tennessee, and maintained a statutory office in Delaware and a stock transfer office in New York but conducted no business at either, and managed its business from its office in Tennessee, where it kept accounts, provided for payroll of employees on its line in Tennessee and other states and sent out bills for gas delivered in Tennessee and other states, the corporation established a “commercial domicile” in Tennessee by virtue of which corporation was subject to taxation there upon its intangibles, unless such taxation infringed the commerce clause. Memphis Natural Gas Co. v. Beeler, Tenn., 62 S.Ct. 857, 860, 315 U.S. 649, 86 L.Ed. 1090.

A commercial domicile is a domicile which is acquired by the maintenance of a commercial establishment. The residence of the person holding such domicile is immaterial to its existence. U.S. v. Chin Quong Look, 52 F. 203, 204.

“Commercial domicile” is the domicile which the citizen of a foreign country may acquire by the conduct of a business in a different country. “By general international law, foreigners who have become domiciled in a country other than their own acquire rights and must discharge duties in many respects the same as possessed by and imposed upon the citizens of that country, and no restriction on the footing on which such person stands by reason of his domicile of choice or commercial domicile is to be presumed.”Lau Ow Bew v. U. S., 12 S.Ct. 517, 521, 144 U.S. 47, 36 L.Ed. 340.

Words and Phrases, Permanent Edition, Vol. 7A, 1952, pp. 530-531.

Commercial Mark or Name – A “trade-name” is the name or style under which a concern or firm does business; the name used in trade to designate a particular business of certain individuals considered somewhat as an entity which is adopted for the purpose of giving individuals an apparent standing in the business community, being synonymous with “business name” and “commercial name.” Plum v. Siekmann, 280 N.W. 264, 268, 135 Neb. 101.

The two terms “commercial mark” and “commercial name,” as used in the treaty with France of April 16, 1869, are translations of terms used in the civil law of France. The distinction between a trade-mark and a commercial mark is pointed out by Pouillet in his work on Marques de Fabrique, in which he says a trade-mark is not a commercial mark, and it is with reason that the law mentions both. The trade-mark is specially or purely the mark of the manufacturer, or him who creates the product or manufactures it; the commercial mark is that of the dealer, who, receiving the product of the manufacturer, sells it in turn to the consumer. The name of a town, or, more generally, the name of a locality, may serve as a trade-mark, yet here still it is on condition that the name shall be presented under a distinct special form, always the same. It is this peculiar expression which constitutes the mark, and not the name taken separately and for itself. The commercial name is the name of an individual, or any name which is the property of the merchant, without reference to its use as a mark or trade-mark in distinctive form. The name “Vichy” is a commercial name. La Republique Francaise v. Schultz, 57 F. 37, 41.

Words and Phrases, Permanent Edition, Vol. 7A, 1952, pp. 539-540.

Distinctive Name – Name “Southern Nut Product,” as applied to food product made from vegetable fats and sold for cooking, baking and seasoning, held a “distinctive” name, within Food and Drugs Act Ga. § 5, par. 1, subsec. 1 (Acts Ga. 1906, p. 86; Park’s Ann. Civ. Code Ga.1914, § 2104, par. 1, subsec. 1). Baltimore Butterine Co. v. Talmadge, D.C.Ga., 32 F.2d 904, 911.

“Distinctive name,” as used in regulation of United States Department of Agriculture, is a trade, arbitrary, or fancy name which clearly distinguished a good product, mixture, or compound from any other food product, mixture, or compound. “Mapleine” as applied to a food compound is a distinctive name so that its sale could be regulated by state laws. Crescent Mfg. Co. v. Wilson, D.C.N.Y., 233 F. 282, 285.

Food and Drugs Act Ga. § 5, par. 1, subsec. 1 (Acts Ga. 1906, p. 86; Park’s Ann. Civ. Code Ga.1914, § 2104, par. 1, subsec. 1), declaring article of food misbranded, if offered for sale under distinctive name of another article, does not require that name, either in its primary or secondary signification, describe contents of article; “distinctive” meaning that which distinguishes it from another. Baltimore Butterine Co. v. Talmadge, D.C.Ga., 32 F.2d 904, 911.

A “distinctive name” is a name that distinguishes. It may be a name in common use as a generic name, e.g., coffee, flour, etc. Where there is a trade description of this sort by which a product of a given kind is distinctively known to the public, it matters not that the name had originally a different significance. Thus, soda water is a familiar trade description of an article which now, as is well known, rarely contains soda in any form. Such a name is not to be deemed either misleading or false, as it is in fact distinctive. But unless the name is truly distinctive, the immunity cannot be enjoyed; it does not extend to a case where an article is offered for sale under the “distinctive name” of another article. Thus, that which is not coffee, or is an imitation of coffee, cannot be sold as coffee; and it would not be protected by being called X’s Coffee. Similarly, that which is not lemon extract could not obtain immunity by being sold under the name of Y’s Lemon Extract. The name so used is not distinctive, as it does not appropriately distinguish the product; it is an effort to trade under the name of an article of a different sort. United States v. Forty Barrels and Twenty Kegs of Coca Cola, Tenn., 36 S.Ct. 573, 580, 241 U.S. 365, 60 L.Ed. 995, Ann.Cas. 1917C, 487.

Words and Phrases, Permanent Edition, Vol. 12A, 1954, p. 560.

Identitate Nominis – “Idem sonans” is not an infallible test in settling question whether there is a variance between allegations and proof, and “identitate personae” and not “identitate nominis” is the true and only issue. Wilson v. State, 20 S.E.2d 433, 67 Ga.App. 404.

Words and Phrases, Permanent Edition, 1959, p. 24.

Identitate Personae – “Idem sonans” is not an infallible test in settling question whether there is a variance between allegations and proof, and “identitate personae” and not “identitate nominis” is the true and only issue. Wilson v. State, 20 S.E.2d 433, 67 Ga.App. 404.

Words and Phrases, Permanent Edition, 1959, p. 24.

Proper Name – A christian or first name given at birth or baptism is in law, denominated the “proper name.” Riley v. Litchfield, 150 N.W. 81, 83, 168 Iowa, 187, Ann.Cas.1917B, 172.

A proper name in trade has a primary and secondary meaning, the primary meaning being that the goods came from a person of that name, and the second that they came from a particular person of that name, and the registration of a proper name as a trade-mark, under Act Feb. 20, 1905, § 5, 15 U.S.C.A. § 85, furnishes a presumption that such name has acquired the secondary meaning. Vick Chemical Co. v. Vick Medicine Co. D.C.Ga., 8 F.2d 49, 50.

Where rules of puzzle contest sponsored by disabled veterans’ organization provided that any word, which appeared in bold face type in certain unabridged dictionaries, and which was not a “proper name,” hyphenated word, prefix, suffix, abbreviation or contraction, could be used, and that contestant was bound by rules and by decision of organization, and organization’s committee of scholars determined that word “Esth,” which appeared in dictionaries as meaning Estonian, was properly used by winning contestants, decision was not result of gross mistake and was binding on losing contestant, who had paid entrance fee, and such contestant could not prevail in action against organization for damages for breach of contract because organization permitted use of word “Esth”. Baez v. Disabled Am. Veterans Service Foundation, D.C.N.Y., 119 F.Supp. 490, 491.

A “proper name,” such as “Milton” or “Boston” denotes any individual, especially a person or place, without necessarily saying anything of character. Baez v. Disabled Am. Veterans Service Foundation, D.C.N.Y., 119 F.Supp. 490, 491.

Words and Phrases, Permanent Edition, Vol. 34A, 1957, p. 39.

 

Maxis of Law:

Fuente: http://www.mindserpent.com/American_History/reference/maxims/maxims_index.html

Anuncios
Esta entrada fue publicada en Bancos-Comercio-Usura, Conspiraciones y etiquetada , , . Guarda el enlace permanente.

Responder

Introduce tus datos o haz clic en un icono para iniciar sesión:

Logo de WordPress.com

Estás comentando usando tu cuenta de WordPress.com. Cerrar sesión / Cambiar )

Imagen de Twitter

Estás comentando usando tu cuenta de Twitter. Cerrar sesión / Cambiar )

Foto de Facebook

Estás comentando usando tu cuenta de Facebook. Cerrar sesión / Cambiar )

Google+ photo

Estás comentando usando tu cuenta de Google+. Cerrar sesión / Cambiar )

Conectando a %s