In re Escheat of Moneys in Custody of U.S. Treasury

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtPER CURIAM.
Citation192 A. 256,326 Pa. 260
Decision Date17 May 1937
PartiesIn re ESCHEAT OF MONEYS IN CUSTODY OF UNITED STATES TREASURY. Appeal of UNITED STATES.
192 A. 256
326 Pa. 260

In re ESCHEAT OF MONEYS IN CUSTODY OF UNITED STATES TREASURY.
Appeal of UNITED STATES.

Supreme Court of Pennsylvania.

May 17, 1937.


Appeal No. 164, January term, 1937, from decree of Court of Common Pleas No. 5, Philadelphia County; Eugene V. Allesandroni, Judge.

In the matter of the escheat of moneys in the custody of the United States Treasury. Petition of the Commonwealth, by Philip Klein, escheator, praying for a decree of escheat to the commonwealth of certain unclaimed moneys found by the federal court to be due to described bondholders and subsequently transferred from the registry of the federal court to the account of the United States Treasury in a bank within the commonwealth. From an adverse decree, the United States appeals.

Affirmed.

Argued before KEPHART, C. J., and SCHAFFER, MAXEY, DREW, LINN, STERN, and BARNES, JJ.

Thomas J. Curtin, Asst. U. S. Atty., and Charles D. McAvoy, U. S. Atty., both of Philadelphia, J. Cullen, Asst. U. S. Atty., and Guy K. Bard, U. S. Atty., of Lancaster, for appellant. Grover C. Ladner and A. Jere Creskoff, both of Philadelphia, for appellee.

PER CURIAM.

The previous history of this deposit is set forth in Re Escheat of Moneys in Custody of United States Treasury, 322 Pa. 481, 186 A. 600. We there held that the court below had jurisdiction to decide under state laws the ownership of the fund and the record was remanded to determine whether or not the money was escheated.

This appeal restates the arguments of the United States against the jurisdiction of the court below. Since no new matter is presented, we affirm so much of the decree of the court as follows:

"Whereas, in the matter of Alice Frances Brown et al. v. Pennsylvania Canal Company et al., No. 677 in equity, of the United States District Court for the Eastern District of Pennsylvania, moneys in the amount of $16,874.49 were paid into the Registry of the United States District Court for the Eastern District of Pennsylvania on January 22, 1919, and

"Whereas, thereafter, on June 26, 1936, these moneys were deposited to the credit of the Treasury of the United States, subject to the order of the court from which the said moneys were received, to wit, the aforementioned United States District Court for the Eastern District of Pennsylvania, under the provisions of the Act of Congress of March 3, 1911, c. 224, Revised Statutes, § 996; 36 Statutes 1083, 28 United States Code 852, [28 U.S.C.A. § 852] and

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9 practice notes
  • U.S. v. Board of Finance and Revenue
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 27, 1951
    ...may also be found in the escheat cases. See In re Escheat of Moneys in Custody of U.S. Treasury, 1936, 322 Pa. 481, 186 A. 600, Id., 1937, 326 Pa. 260, 192 A. 256, affirmed 1937, 303 U.S. 276, 58 S.Ct. 536, 82 L.Ed. 840, nom. U. S. v. Klein; Cunnius v. Reading School District, 1903, 206 Pa.......
  • United states v. Board of Finance & Revenue
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 27, 1951
    ...may also be found in the escheat cases. See In re Escheat of Moneys in Custody of U.S. Treasury, 1936, 322 Pa. 481, 186 A. 600, Id., 1937,326 Pa. 260, 192 A. 256,affirmed 1937, 303 U.S. 276, 58 S.Ct. 536, 82 L.Ed. 840, nom. U.S. v. Klein; Cunnius v. Reading School District, 1903, 206 Pa. 46......
  • In re Escheat of Monies Deposited in US Dist. Ct., No. 10267.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 30, 1951
    ...to the United States District Court for an order that the moneys be paid to him as Escheator. The Supreme Court of Pennsylvania affirmed. 326 Pa. 260, 192 A. 256. The United States appealed to the Supreme Court of the United States, which affirmed the judgment of the Supreme Court of Pennsy......
  • United States v. Klein, No. 439
    • United States
    • United States Supreme Court
    • February 28, 1938
    ...affirmed so much of the decree as declared the escheat and authorized appellee to prosecute the claim of the Commonwealth to the moneys. 326 Pa. 260, 192 A. 256. From its decree of affirmance the case comes here on appeal under section 237 of the Judicial Code, as amended, 28 U.S.C.A. § 344......
  • Request a trial to view additional results
9 cases
  • U.S. v. Board of Finance and Revenue
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 27, 1951
    ...may also be found in the escheat cases. See In re Escheat of Moneys in Custody of U.S. Treasury, 1936, 322 Pa. 481, 186 A. 600, Id., 1937, 326 Pa. 260, 192 A. 256, affirmed 1937, 303 U.S. 276, 58 S.Ct. 536, 82 L.Ed. 840, nom. U. S. v. Klein; Cunnius v. Reading School District, 1903, 206 Pa.......
  • United states v. Board of Finance & Revenue
    • United States
    • United States State Supreme Court of Pennsylvania
    • December 27, 1951
    ...may also be found in the escheat cases. See In re Escheat of Moneys in Custody of U.S. Treasury, 1936, 322 Pa. 481, 186 A. 600, Id., 1937,326 Pa. 260, 192 A. 256,affirmed 1937, 303 U.S. 276, 58 S.Ct. 536, 82 L.Ed. 840, nom. U.S. v. Klein; Cunnius v. Reading School District, 1903, 206 Pa. 46......
  • In re Escheat of Monies Deposited in US Dist. Ct., No. 10267.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 30, 1951
    ...to the United States District Court for an order that the moneys be paid to him as Escheator. The Supreme Court of Pennsylvania affirmed. 326 Pa. 260, 192 A. 256. The United States appealed to the Supreme Court of the United States, which affirmed the judgment of the Supreme Court of Pennsy......
  • United States v. Klein, No. 439
    • United States
    • United States Supreme Court
    • February 28, 1938
    ...affirmed so much of the decree as declared the escheat and authorized appellee to prosecute the claim of the Commonwealth to the moneys. 326 Pa. 260, 192 A. 256. From its decree of affirmance the case comes here on appeal under section 237 of the Judicial Code, as amended, 28 U.S.C.A. § 344......
  • Request a trial to view additional results

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