Bernstein v. N.V. Nederlandsche-Amerikaansche Stoomvaart-Maatschappij

210 F.2d 375 (1954)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Bernstein v. N.V. Nederlandsche-Amerikaansche Stoomvaart-Maatschappij

United States Court of Appeals for the Second Circuit
210 F.2d 375 (1954)

  • Written by Sharon Feldman, JD

Facts

Arnold Bernstein (plaintiff) owned the stock of a German corporation, the Red Star Line. Bernstein sued N.V. Nederlandsche-Amerikaansche Sroomvaart-Maatschappij, also known as Holland-America Line (defendant) for conversion of Red Star Line’s assets. Bernstein alleged that he was imprisoned by the Nazis in 1937 and was compelled, under duress, to execute documents purporting to transfer his shares in the Red Star Line to a Nazi designee who transferred them to Holland-America Line. Bernstein’s complaint was dismissed. Bernstein appealed. Relying on the decision in Bernstein v. Van Heyghen Freres Societe Anonyme, 163 F.2d 246 (2d Cir. 1947), the Second Circuit ordered Bernstein not to allege matters that would require the court to adjudicate the validity of acts of officials of the German government. In April 1949, the United States Department of State (State Department) issued a press release and published a copy of a letter to Bernstein’s attorneys from the State Department’s acting legal advisor stating that the U.S. government was opposed to the Germans’ forcible and discriminatory acts of dispossession, it was the United States’ policy to undo the forced transfers and restitute property to victims of Nazi persecution, and it was executive policy to relieve U.S. courts from any restraint upon the exercise of their jurisdiction to adjudicate the validity of the acts of Nazi officials in connection with claims asserted in the United States for the restitution of property lost as a result of Nazi persecution.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership