Butler v. Goreley

Citations

• 146 U.S. 303
• 13 S. Ct. 84
• 36 L. Ed. 981
• 1892 U.S. LEXIS 2198

Syllabus

<p>One T., of Boston, went into insolvency in Massachusetts, in June, 1883, and a deed of assignment was made to his assignee in July, 1883. In June, 1863, T. was on board an American vessel, which was captured and burned by the Georgia, a tender of the Confederate cruiser Alabama, and .thereby lost his personal effects and sustained other losses. Under the act of Congress of June 5, 1882, c..195'(22 Stat. 98), T:,-in January, 1883, filed a claim, in the Court of Commissioners of Alabama Claims, claiming compensation for his losses, and the court gave a judgment in his favor. ■ In Eebruary, 1885, a draft for the amount was issued by the Treasury, payable to the order of T. and was sent to, and received at Boston. T. died at Boston four days later, intestate. In March, 188.5,. T.’s widow was appointed his administratrix by the Probate Court of the District of Columbia. In April, 1885, she gave a power of attorney to one B. to endorse the draft. He did so and collected the amount-, Which he retained. The assignee in insolvency sued B. in a state conrtof Massachusetts, to recover the amount and had judgment. On a writ of error from.this Court, held,</p> <p>(1.) The decision and award of the Court of Commissioners of Alabama Claims was conclusive as to the amount to. be paid on the . claim, but not as to the party entitled to receive it; and the claim was property which passed to the assignee in insolvency, under the assignment to him, although it was made prior to the decís-. ion of the Court of Commissioners;</p> <p>(2.) The claim and its proceeds were assets within the jurisdiction of Massachusetts;</p> <p>(3.) B. was liable to the assignee in insolvency;</p> <p>(4.) § 3177 of the Revised Statutes did not apply to the assignment in insolvency;</p> <p>(5.) The insolvency law of Massachusetts was not unconstitutional;</p> <p>• (6.) It was not necessary, after the repeal of the bankruptcy act of 1867, that the insolvency, statute of Massachusetts should have been reenac