Texas v. New Jersey
Opinion of the Court
delivered the opinion of the Court
Invoking this Court’s original jurisdiction under Art III, § 2, of the Constitution,
With respect to tangible property, real or personal, it has always been the unquestioned rule in all jurisdictions that only the State in which the property is located may escheat. 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 furthér 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 is unknown. Since the States separately are without constitutional power to provide a rule to settle this interstate controversy and since there is no applicable federal statute, it becomes our responsibility in the exercise of our original jurisdiction to adopt a rule, which will settle the question of which State will be allowed to escheat this intangible property.
New Jersey asks us to hold that the State with power to escheat is the domicile of the debtor — in this case New Jersey, the State of Sun’s incorporation. This plan has
In some respects- the claim of Pennsylvania, where Sun’s principal offices are located, is more persuasive, since this State is probably foremost in giving the benefits of its economy and laws to the company whose business activities made the intangible property come into existence. On the other hand, these debts owed by Sun are not property to it, but rather a liability, and it would be strange to convert a liability into an asset when the State decides to escheat. Cf. Case of the State Tax on Foreign-held Bonds, 15 Wall. 300, 320. Moreover, application of the rule Pennsylvania suggests would raise in - every case the sometimes difficult question of where a company’s “main office” or “principal place, of business” or whatever it might be designated is located. Similar -uncertainties would result if we were to attempt in each ease to determine the State in which the debt was created .and allow.it to escheat. 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^
This leaves questions as to what is to be done with property owed persons (1) as to whom there is no record of any address at all, or (2) whose last known address is in a- State which does not provide for escheat of the property owed them. The Master suggested as to the first situation — where there is no last known address — that the property be subject to escheat by the State of corporate domicile, provided that anothér State could later escheat upon proof that the last known address of the creditor was within its borders. Although not mentioned by the Master, the same rule could apply to the second situation mentioned above, that is, where the State of the last known, address does not, at the time in question, provide for escheat of the property. In such a case the State of corporate domicile could escheat the property, subject to the right of the State of the last known address to recover it if and when its law made provision for escheat of such property. In other words, in both situations the State of corporate domicile should be allowed to cut off the claims of private persons only, retaining the property for itself only until some other State comes forward with proof that it has a superior right to escheat. Such a solution for these problems, likely to arise with comparative infrequency, seems to us conducive to needed certainty and we therefore adopt it.
The parties may submit a proposed decree applying the principles announced in this opinion.
It is so ordered.
“The judicial Power shall extend ... to Controversies between two or more States ....
“In all Cases ... in which a State shall be Party, the supreme Court shall have original Jurisdiction.”
28 U. S. C. § 1251 (a) (1958 ed.) provides in relevant part:
“The Supreme Court shall have original and exclusive jurisdiction of:
“(11 All controversies between two or more States
See generally Enever, Bona Vacantia Under the .Law of England; Note, 61 Col. L. Rev. 1319.
The amount originally reported by Sun to the Treasurer of Texas was $37,853.37, but payments to owners subsequently found reduced the unclaimed amount.
The debts consisted of the following:
(1) Amounts which Sun attempted to pay through its Texas offices owing to creditors some of whose last known addresses were in Texas,*676 some of whose last known addresses were elsewhere, and some of whom had no last known, address indicated:
(a) 'uncashed checks payable to employees for wages and reimbursable expenses;
(b) uncashed checks payable to suppliers for goods and services;
(c) uncashed checks payable to lessors of oil- and gas-producing land as royalty payments;
(d) unclaimed “mineral -proceeds,” fractional mineral interests shown as debts on the books of the Texas offices.
(2) Amounts for which various offices of Sun throughout the country attempted to make payment to creditors all of whom had last known addresses in Texas:
(a) uncashed checks payable to shareholders for dividends on common stock;
(b) unclaimed refunds of payroll deductions owing to former employees;
(c) uncashed checks payable to various small creditors, for minor obligations;
(d) undelivered fractional stock certificates resulting from' Mock dividends.
Texas’ motion for leave to file the bill of complaint also prayed for temporary injunctions restraining the other States and Sun from taking steps to escheat the property. The other States voluntarily agreed not to act pending determination of this case, and so the motion for injunctions was denied. 370 U. S. 929.
Illinois, which claims .no interest in the property involved in this case, also sought to intervene to. urge that jurisdiction to escheat should depend on the laws of the State in which the indebtedness was created. Leave to intervene was denied. 372 U. S. 973.
E. g., Schmidt v. Driscoll Hotel, Inc., 249 Minn. 376, 82 N. W. 2d 365; Auten v. Auten, 308 N. Y. 155, 124 N. E. 2d 99; Haumschild v. Continental Casualty Co., 7 Wis. 2d 130, 95 N. W. 2d 814. See also Clay v. Sun Insurance Office, Ltd., 377 U. S. 179; Watson v. Employers Liability Assurance Corp., 348 U. S. 66; cf. Richards v. United States, 369 U. S. 1; Vanston Bondholders Protective Committee v. Green, 329 U. S. 156.
Nor, since we are dealing only with escheat, are we concerned with the power of a-state legislature .to regulate activities affecting the State, power which like court jurisdiction need not be exclusive. Compare Osborn v. Ozlin, 310 U. S. 53.
Texas argues in particular that at least the part of the intangible obligations here which are royalties, rents, and mineral proceeds derived from land located in Texas should be escheatable only by that State. 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. See Blodgett v. Silberman, 277 U. S. 1, 9-10.
We agree with the Master that since our inquiry here is not concerned with the technical domicile of the creditor, and since ease of administration is important where many small sums of money are involved, the address on the-records of the debtor,, which in most cases will be the only one available, should be the only relevant last-known address. •
See, e. g., Baldwin v. Missouri, 281 U. S. 586; Farmers Loan & Trust Co. v. Minnesota, 280 U. S. 204; Blodgett v. Silberman, 277 U. S. 1. However, it has been held that a State may allow an unpaid creditor to garnish a debt owing to his debtor wherever the person owing that debt is found Harris v. Balk, 198 U. S. 215. But cf. New York Life Ins. Co. v. Dunlevy, 241 U. S. 518.
Cf. Connecticut Mutual Life Ins. Co. v. Moore, 333 U. S. 541. As was pointed out- in Western Union Tel. Co. v. Pennsylvania, 368 U. S. 71, 77-78, none of this Court’s cases allowing States to escheat intangible property decided the possible effect of conflicting claims of other States. Compare Standard Oil Co. v. New Jersey, 341 U. S. 428, 443; Connecticut Mutual Life Ins. Co. v. Moore, supra; Anderson National Bank v. Luckett, 321 U. S. 233; Security Savings Bank v. California, 263 U. S. 282.
Dissenting Opinion
dissenting.
I adhere to the view that only the State of the debtor’s incorporation has power to “escheat” intangible property when the whereabouts of the creditor are unknown. See Western Union Tel. Co. v. Pennsylvania, 368 U. S. 71, 80 (separate memorandum). The sovereign’s power to escheat tangible. property has long been recognized as extending only to the limits of its territorial jurisdiction. Intangible property has no spatial existence, but consists of an obligation owed one person by another. The power to escheat such property has traditionally been thought to be lodged in the domiciliary State of one of the parties to the obligation. In a case such as this the domicile of the creditor is by hypothesis unknown; only the domicile of the debtor is known. This Court has thrice ruled that where the creditor has. disappeared, the State of the debtor’s domicile may escheat the intangible property. Standard Oil Co. v. New Jersey, 341 U. S. 428; Anderson Nat. Bank v. Luckett, 321 U. S. 233; Security Savings Bank v. California, 263 U. S. 282. Today the Court overrules all three of those cases. I would not do so. Adherence to settled precedent seems to me far better than giving the property to the State within which is located the one place where we know the creditor is not.
Reference
- Full Case Name
- TEXAS v. NEW JERSEY Et Al.
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- 129 cases
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- Published