Hugo Black

Name: Texas v. New Jersey — Opinion of the Court
Author: Hugo Black

Texas v. New Jersey — Opinion of the Court

Summary

“Texas v. New Jersey — Opinion of the Court”, is a work by Hugo Black. It explores elements such as escheat, creditor and property.

Quotes from Texas v. New Jersey — Opinion of the Court (Hugo Black)

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ But intangible property, such as a debt which a person is entitled to collect, is not physical matter which can be located on a map. The creditor may live in one State, the debtor in another, and matters may be further complicated if, as in the case before us, the debtor is a corporation which has connections with many States and each creditor is a person who may have had connections with several others and whose present address in unknown. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ The uncertainty of any test which would require us in effect either to decide each escheat case on the basis of its particular facts or to devise new rules of law to apply to ever-developing new categories of facts, might in the end create so much uncertainty and threaten so much expensive litigation that the States might find that they would lose more in litigation expenses than they might gain in escheats. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ Any rule leaving so much for decision on a case-by-case basis should not be adopted unless none is available which is more certain and yet still fair. We think the rule proposed by the Master, based on the one suggested by Florida, is.
The rule Florida suggests is that since a debt is property of the creditor, not of the debtor, [10] fairness among the States requires that the right and power to escheat the debt should be accorded to the State of the creditor's last known address as shown by the debtor's books and records. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ We do not believe that the fact that an intangible is income from real property with a fixed situs is significant enough to justify treating it as an exception to a general rule concerning escheat of intangibles.↑ On this point Florida stresses what is essentially a variation of the old concept of 'mobilia sequuntur personam,' according to which intangible personal property is found at the domicile of its owner. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ Texas says that this intangible property should be treated as situated in Texas, so as to permit that State to escheat it. New Jersey claims the right to escheat the same property because Sun is incorporated in New Jersey. Pennsylvania claims power to escheat part or all of the same property on the ground that Sun's principal business offices were in that State. Sun has disclaimed any interest in the property for itself, and asks only to be protected from the possibility of double liability. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ Texas, relying on numerous recent decisions of state courts dealing with choice of law in private litigation, [7] says that the State with the most significant 'contacts' with the debt should be allowed exclusive jurisdiction to escheat it, and that by that test Texas has the best claim to escheat every item of property involved here. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ Texas brought this action against New Jersey, Pennsylvania, and the Sun Oil Company for an injunction and declaration of rights to settle a controversy as to which State has jurisdiction to take title to certain abandoned intangible personal property through escheat, a procedure with ancient origins [2] whereby a sovereign may acquire title to abandoned property if after a number of years no rightful owner appears. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ It is fundamentally a question of ease of administration and of equity. We believe that the rule we adopt is the fairest, is easy to apply, and in the long run will be the most generally acceptable to all the States. ”

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Source: Wikisource

Hugo Black, Texas v. New Jersey — Opinion of the Court

“ Continental Casualty Co., 7 Wis.2d 130, 95 N.W.2d 814. See also Clay v. Sun Insurance Office, Ltd., 377 U.S. 179, 84 S.Ct. 1197, 12 L.Ed.2d 229; Watson v. Employers Liability Assurance Corp., 348 U.S. 66, 75 S.Ct. ”

Hugo Black

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