Williams v. Heard
Supreme Court of the United States
ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MASSACHUSETTS. This was an action for money had and received, brought in the Supreme Judicial Court of the Commonwealth of Massachusetts, for the county of Suffolk, by John Heard, Augustine Heard and Albert E. Heard, against their assignees in bankruptcy, to recover the amount of an award made by the Court of Commissioners of Alabama Claims, under the act of Congress approved June 5, 1882, 22 Stat. 98, c. 195, on account of…
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ERROR TO THE SUPREME JUDICIAL COURT OP THE STATE OP MASSACHUSETTS. This was an action for money had and received, brought in the Supreme Judicial Court of the Commonwealth of Massachusetts, for the county of Suffolk, by John Heard, Augustine Heard and Albert E. Heard, against their assignees in bankruptcy, to recover the amount of an award made by the Court of Commissioners of Alabama Claims, under the act of Congress approved June 5, 1882, 22 Stat. 98, c. 195, on account of war premiums of insurance paid by the plaintiffs during the war of the rebellion, which award had been paid to the…
1Opinion of the Court
Mr. Justice Lamar,
after stating the cáse, delivered .the opinion of the court.
The single question on the merits of the case is, whethér, at the date of their adjudication in bankruptcy, the claim of the defendants in error for war premiums passed to their assignees in bankruptcy, as a part of their estate.
As preliminary to the discussion of the merits of the case, it is urged by the defendants in error that this is not a Federal question, and that, therefore, the writ of error should be dismissed. We do not think, however, that this contention can be sustained. Both parties claim the proceeds…
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