DEMOREST v. CITY BANK CO.

No. 52.

321 U.S. 36 (1944)

DEMOREST ET AL. v. CITY BANK FARMERS TRUST CO., TRUSTEE, ET AL.

Supreme Court of United States.

Decided January 17, 1944.


Attorney(s) appearing for the Case

Mr. Francis J. Mahoney, with whom Mr. Gerald P. Culkin was of counsel, for appellants in No. 52; and Mr. James N. Vaughan, with whom Mr. Thomas B. Dyett was on the brief, and Mr. Edward G. Griffin was of counsel, for appellant in No. 227.

Mr. C. Alexander Capron, with whom Mr. Charles Angulo was of counsel, for the City Bank Farmers Trust Co., Trustee; and Mr. Albert Stickney for Emma M. West, — appellees in No. 52. Mr. Louis J. Merrell for appellees in No. 227.


MR. JUSTICE JACKSON delivered the opinion of the Court.

Appellants in these two cases challenge the constitutionality of Subdivision 2 of § 17-c of the Personal Property Law of the State of New York, approved April 13, 1940.1 Because of retroactivity it is said to offend the Due Process Clause of the Fourteenth Amendment to the Federal Constitution by taking for benefit of income beneficiaries...

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