“It is a mistake to say that the German Reich disappeared”
Frankfurt, February 19, 1951
The top U.S. Court of Appeals for Restitution Reports, chaired by Judge Fred Cohn, has noted in an important decision for the first time since the war that the German Reich had never ceased despite the unconditional surrender to exist and in a restitution action certainly could be made a decision against the Reich.
In the court’s decision reads:
“It is a mistake to say that the German Reich disappeared. We must not be confused with the existence of the state of the respective government. The Reich marked the only form of government that Germany had during this regime, as well as the Weimar Republic and the Third Reich itself. The unconditional surrender of the rest of the National-Socialist hierachie transferred the state power in Germany
is not definitively the victorious Allies,
rather the Allies turned out only those, which could be described as usurpers of power by then.”
This decision was made in a process to refund of a mortgage on a Frankfurt plot. The lawsuit was brought by Mrs. Martha Kaufman from England and her two children, Dr. Eric Kaufman and wife Margot Goldsmith, not only the return of wartime confiscated by the National-Socialist hyopothek, but also the granting of since the seizure by the German Reich accrued interest demanded. As a representative of the German Reich took the Hessian Minister of Finance in the process part, but the court ruled, that could endure no judgment against the State of Hesse, because it was only “an agent of the state” in financial matters.
Source and translated from: Metapedia