Legal Opinion

McHenry v. La Société Française D'Épargnes

Supreme Court of the United States

Decided November 18, 1877No. 45PublishedCited by 20 opinions

Error to the Supreme Court of the State of California. On the 18th of June,1870, John McHenry, being indebted to a society known-.as La Société Fran§aise D’Epargnes in the sum of $14,000, made his promissory note for that amount, payable twelve' .months after, date, and secured its payment by k mortgage on certain property in the city of San Francisco, in the execution of' which his wife did not join.

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Error to the Supreme Court of the State of California. On the 18th of June,1870, John McHenry, being indebted to a society known-.as La Société Fran§aise D’Epargnes in the sum of $14,000, made his promissory note for that amount, payable twelve' .months after, date, and secured its payment by k mortgage on certain property in the city of San Francisco, in the execution of' which his wife did not join. McHenry was, March 20, 1872; duly adjudicated a bankrupt in the District Court of the United States for the. District'of California, andón the 14th of June following the -society proved its debt…

1Opinion of the CourtChief Justice Waite

delivered the opinion' of the court. ■

In Claflin v. Houseman, 93 U. S. 130, we decided that, under tbe law as it stood previous to the adoption of tbe Revised Stafcútes, tbe courts of tbe United States did not have exclusiye jurisdiction of suits for tbe settlement of conflicting claims to property belonging to tbe estate of a bankrupt, and that an assignee in bankruptcy might sue in a State court to collect the assets. In Mays v. Fritton, 20 Wall. 414, we also held, that if an assignee in bankruptcy submitted himself to tbe jurisdiction of a State court in a suit affecting tbe estate which…

2Cases cited3 opinions

  1. Claflin v. HousemanSupreme Court of the United States · 1876
  2. Eyster v. GaffSupreme Court of the United States · 1876
  3. Mays v. FrittonSupreme Court of the United States · 1874

3Cited by20 opinions

  1. Heiser v. WoodruffSupreme Court of the United States · 1946
  2. Long v. BullardSupreme Court of the United States · 1886
  3. Long and Wife v. BullardSupreme Court of the United States · 1886
  4. Ex Parte BaldwinSupreme Court of the United States · 1934
  5. Dudley v. EastonSupreme Court of the United States · 1881

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