Legal Opinion

Erwin v. United States

United States Court of Claims

Decided December 15, 1877PublishedCited by 6 opinions

On the Proofs. The Reporters’ statement of.the case: This case was argued at the December term, 1876, before three judges, who found the following facts, and ordered a rehearing on the questions of law: I. In December, 1864, the claimant owned and was possessed of the 283 bales of cotton described in the petition. It was captured ill tliat month by the military forces of the United States, and the proceeds thereof, paid into the Treasury, amount to $49,018 39. II.

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On the Proofs. The Reporters’ statement of.the case: This case was argued at the December term, 1876, before three judges, who found the following facts, and ordered a rehearing on the questions of law: I. In December, 1864, the claimant owned and was possessed of the 283 bales of cotton described in the petition. It was captured ill tliat month by the military forces of the United States, and the proceeds thereof, paid into the Treasury, amount to $49,018 39. II. On the 31st December, 1868, the firm of Erwin & Hardee, of which the claimant was a member, presented their petition in bankruptcy…

1Opinion of the Court

Davis, J.,

delivered tbe opinion of tbe court:

Tbe claimant was tbe owner, in December, 18G4-, of 283 bales of cotton, wbicb were captured by tbe military forces of tbe United States and sold, and whose proceeds were paid into tbe Treasury. In December, 18(38, be was a member of tbe firm of Erwin & Hardee. Said firm tben presented tbeir petition in bankruptcy to tbe proper -court in Georgia, and were in due course adjudged bankrupts. Tbe usual assignment was made to an assignee, and tlie claimant iras eventually discharged. He now asks this court to adjudge tbe restoration of tbe proceeds of…

2Cases cited2 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Haycraft v. United StatesSupreme Court of the United States · 1875

3Cited by6 opinions

  1. Rice v. United StatesSupreme Court of the United States · 1887
  2. Braden v. United StatesUnited States Court of Claims · 1880
  3. George Howes & Co. v. United StatesUnited States Court of Claims · 1889
  4. Brandon v. United StatesUnited States Court of Claims · 1911
  5. Rice v. United StatesUnited States Court of Claims · 1886

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