Goreley v. Butler
Massachusetts Supreme Judicial Court
Contract, by tbe assignee in insolvency of the estate of Isaac H. Taylor, for money had and received. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of ■facts, in substance as follows.
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Contract, by tbe assignee in insolvency of the estate of Isaac H. Taylor, for money had and received. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of ■facts, in substance as follows. On or about June 14, 1868, Taylor, who was a passenger on board the barque Good Hope, lost his personal effects and sustained other damages by reason of that vessel’s capture and destruction by the Georgia, a tender of the Confederate cruiser Alabama. On January 13, 1883, Taylor filed a claim for such damages in the Court of…
1Opinion of the CourtHolmes, J.
So far as appears, the claim of the insolvent for losses by a tender of the Alabama was within the act of Congress of June 28, 1874, and therefore probably this case is governed by Leonard v. Nye, 125 Mass. 455; Jones v. Dexter, 125 Mass. 469, 471. But it is unnecessary to stop at this point, because, whatever the original nature of the claim, the act of June 5, 1882, had been passed, and proceedings under it had been begun by the insolvent, before the dates when he filed his petition in insolvency and the plaintiff was made his assignee.
The insolvent act provides that “ the assignment shall…
2Cases cited13 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Baldwin v. HaleSupreme Court of the United States · 1864
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Comegys v. VasseSupreme Court of the United States · 1828
- Erwin v. United StatesSupreme Court of the United States · 1878
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3Cited by5 opinions
- Butler v. GoreleySupreme Court of the United States · 1892
- Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
- Shultz v. BoydIndiana Supreme Court · 1899
- Manning v. LeightonSupreme Court of Vermont · 1891
- Forrest v. PriceNew Jersey Court of Chancery · 1893