Burke v. United States
United States Court of Claims
On Burke’s Motion. The Reporters’ statement of tbe case: In this case tbe bankrupt, before bankruptcy, assigned tbe claim to one Browning for good consideration. Browing’s attorney obtained all tbe evidence necessary to prove tbe case, and conducted tbe suit up to tbe time of final bearing, and was present at and assisted in tbe final argument.
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On Burke’s Motion. The Reporters’ statement of tbe case: In this case tbe bankrupt, before bankruptcy, assigned tbe claim to one Browning for good consideration. Browing’s attorney obtained all tbe evidence necessary to prove tbe case, and conducted tbe suit up to tbe time of final bearing, and was present at and assisted in tbe final argument. On tbe motion of tbe purchaser from tbe assignee in bankruptcy to be admitted to prosecute tbe suit, it was ordered tbat be be admitted upon satisfying tbe court tbat be bad paid or assured to Browning’s attorney a reasonable compensation for bis…
1Opinion of the CourtDavis, J.
Forty-six bales of cotton belonging to James Tait were seized by the military authorities in Mobile, in May, 1865, and the pro *235ceeds passed into the Treasury. Tait then assigned the cotton or its proceeds to one Browning, as security for an indebtedness. Browning commenced suit in his own name to recover the proceeds. In July, 1865, the pleadings were amended by making Tait plaintiff for Browning’s use, and in this form judgment was rendered for the claimant. A new trial was then granted on the ground of newly discovered evidence. (5 C. Cls. R., 638.) Tait then became bankrupt. His assignee…
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