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Knox v. Greenleaf : ウィキペディア英語版
Knox v. Greenleaf

''Knox v. Greenleaf'', 5 U.S. 360 (1802) is a ruling by the Supreme Court of the United States which held that, under the Pennsylvania Constitution of 1790, citizenship of the state is conferred upon moving to the state and paying taxes.
==Background==
James Greenleaf was an important speculator in land in many states in the United States in the late 1700s and early 1800s.〔Abernethy, Thomas P. and Stephenson, Wendell Holmes. ''The South in the New Nation: 1789-1819.'' Baton Rouge, La.: Louisiana State University Press, 1976, p. 149.〕 After having lived in Washington, D.C., on April 15, 1795, Greenleaf purchased General Philemon Dickinson's house on Chestnut Street in Philadelphia for $28,000.〔(Clark, Allen. Greenleaf and Law in the Federal City. Washington, D.C.: Press of W.F. Roberts, 1901, p. 76-77. ) Accessed 2012-12-09.〕 Dickinson foreclosed on Greenleaf's home for nonpayment of the mortgage on November 29, 1797.〔
There was no national bankruptcy law; Congress would not pass one until the Bankruptcy Act of 1800.〔Landau, Robert I. and Krueger, John E. ''Corporate Trust Administration and Management.'' New York: Columbia University Press, 1998, p. 210.〕 Greenleaf was therefore forced to apply for bankruptcy in each state where he had conducted business. He first applied for bankruptcy in Pennsylvania on March 10, 1798, although his debts were not settled and his case discharged until March 1804. He then applied for bankruptcy in Maryland on February 9, 1799, and his case was discharged on August 30.〔(Clark, ''Greenleaf and Law in the Federal City'', p. 172. ) Accessed 2012-12-09.〕 Competent testimony and the finding of the Maryland legislature both concluded that Greenleaf was, at the time he applied for Maryland bankruptcy, a citizen of Prince George's County, Maryland.〔''Knox v. Greenleaf'', 5 U.S. 360, 360-361.〕 Greenleaf returned to Philadelphia in February 1800. He moved to Northampton County, Pennsylvania, in June 1800. He paid taxes there, and never left the state. He was arrested under the federal bankruptcy law for insolvency and threatened with debtors' prison on February 20, 1801.〔
At trial, Greenleaf argued that federal bankruptcy law did not apply to him, since both he and his creditor were residents of the same state. Only Pennsylvania bankruptcy law applied, and that case had been discharged (freeing him from debt within the state). The jury held for Greenleaf. The creditor, Knox, appealed and won a reversal. Greenleaf appealed to the U.S. Supreme Court.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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