Wyman v. United States Halstead

• Decision Date: 07 January 1884
• Citation: 109 U.S. 654,3 S.Ct. 417,27 L.Ed. 1068
• Parties: WYMAN, Treasurer, etc., v. UNITED STATES ex rel. E. HALSTEAD Adm'r, etc
• Court: U.S. Supreme Court

109 U.S. 654

3 S.Ct. 417

27 L.Ed. 1068

WYMAN, Treasurer, etc., v. UNITED STATES ex rel. E. HALSTEAD Adm'r, etc.

January 7, 1884.

Asst. Atty. Gen. Maury, for plaintiff in error.

A. L. Merriman and J. Walter Cooksey, for defendant in error.

GRAY, J.

This is a writ of error sued out by the treasurer of the United States to reverse a judgment of the supreme court of the District of Columbia, ordering a peremptory writ of mandamus to issue against him, upon the petition of Eminel P. Halstead, as administrator, appointed in the District, of the estates of John N. Pulliam and John J. Pulliam, (each of whom was an inhabitant of the state of Tennessee at the time of his death,) and as trustee appointed by that court, to compel the payment to him of the amount of certain drafts hereinafter mentioned. The petition alleged, and the answer admitted, these facts: On June 17, 1882, Wyman's predecessor, as treasurer of the United States, residing and transacting the business of his office at Washington, in the District of Columbia, issued under and by virtue of the act of congress of May 1, 1882, c. 114, mak ng appropriations therefor, three drafts payable at the treasury in Washington,—one for $3,020, payable to John J. Pulliam, executor of John N. Pulliam, or order, and two for $1,223 and $545, respectively, payable to John J. Pulliam or order; and the three drafts were delivered to Halstead on account of the payees. John J. Pulliam afterwards died, and Halstead, having the drafts in his possession, applied for, and on August 2, 1882, obtained, letters of administration in the District of Columbia upon the several estates of the two Pulliams. In September, 1882, Benjamin U. Keyser filed a bill on the equity side of the supreme court of the District against Halstead and others, claiming an equitable interest in these drafts or the proceeds thereof, and in March, 1883, obtained a decree directing Halstead, as administrator as aforesaid, and as trustee for that purpose, to indorse and collect the drafts, and to make distribution of the proceeds. In obedience to this decree, Halstead, on April 19, 1883, indorsed the drafts, and demanded payment thereof of Wyman, as treasurer of the United States; but he, although having sufficient money in his possession, appropriated by congress, refused to pay them without the indorsements of administrators appointed in the state of Tennessee, the domicile of the two deceased persons. The opinions delivered in the court below, upon granting the writ of mandamus, are reported in 11 Wash. Law Rep. 370-377, 385-394.

The determination of this case does not depend upon the question whether administration was rightly taken out in the District of Columbia, nor upon the question whether an administrator appointed elsewhere could sue within the District upon debts payable here, but upon the question whether a payment by the United States to an administrator already or hereafter appointed in Tennessee, the domicile of the deceased, would be a good discharge of the debts, payment of which is now sought to be enforced.

The general rule of law is well settled that for the purpose of founding administration, all simple contract debts are assets at the domicile of the debtor; and that the locality of such a debt for this purpose is not affected by a bill of exchange or promissory note having been given for it, because the bill or note does not alter the nature of the debt, but is merely evidence of it, and therefore the debt is assets where the debtor lives, without regard to the place where the instrument is found or payable. Yeomans v. Bradshaw, Carth. 373; S. C. Comb. 392; Holt, 42; 3 Salk. 70, 164; ABINGER, C. B., in Atty. Gen. v. Bouwens, 4 Mees. & W. 171, 191; S. C. 1 Horn & Hurl, 319, 324; PARKE, B., in Mondel v. Steele, 1 Dowl. (N. S.) 155, 157; Slocum v. Sanford, 2 Conn. 533; Chapman v. Fish, 6 Hill, 554; Owen v. Miller, 10 Ohio St. 136; Pinney v. McGregory, 102 Mass. 186. An administrator is, of course, obliged to demand payment at the place where the bill or note is payable; and he may find difficulty, unless it is payable to bearer, in suing upon it in a place in which he has not taken out administration. But payment to the administrator appointed in the state in which the intestate had his domicile at the time of his death, whether made within or without that state, is good against any administrator appointed elsewhere. Wilkins v. Ellett, 9 Wall. 740, and 108 U.S. ——; [S. C. 2 SUP. CT. REP. 641.]

As was said by Mr. Justice STORY, in delivering the judgment of this court in Vaughan v. Northup, 15 Pet. 1, 6, and repeated by Mr. Justice MCLEAN, in delivering judgment in Mackey v. Coxe, 18 How. 100, 105:

'The debts due from the government of the United States have no locality at the seat of government. The United States, in their sovereign capacity, have no particular place of domicile, but possess, in contemplation of law, an ubiquity throughout the Union; and debts due by them...