Pennsylvania v. New York | |
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Argued March 29, 1972 Decided June 19, 1972 | |
Full case name | Pennsylvania v. New York, et al. |
Citations | 407 U.S. 206 ( more ) 92 S. Ct. 2075; 32 L. Ed. 2d 693; 1972 U.S. LEXIS 35 |
Case history | |
Subsequent | Decree entered, 407 U.S. 206 (1972). |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Burger, Douglas, Stewart, White, Marshall |
Dissent | Powell, joined by Blackmun, Rehnquist |
Pennsylvania v. New York, was a case which were heard in 1972 before the U.S. Supreme Court. The initial filing was allowed at 407 U.S. 206 [1] and the final decision was ordered at 407 U.S. 223 (1972). [2]
When two states have a controversy between each other, the case is filed for original jurisdiction with the United States Supreme Court. This is one of the very limited circumstances where the court acts as original jurisdiction, e.g. a trial court. In all other cases the court acts as the highest level appellate court in the United States.
In this case, Western Union had issued money orders that were either never redeemed or erroneously underpaid (e.g. a money order for $500 paid as $300), and enough time had passed that the value of the money orders was considered unclaimed property. In such a case, unclaimed money order escheats to the state. The question of the case was, which state should get the money, the state where the money order was purchased, or the state where Western Union was incorporated? Pennsylvania argued for the former, stating that if it were the latter, then New York (where Western Union was then incorporated) would receive a financial windfall.
As is the practice in original jurisdiction cases, the Supreme Court had a special master hear the case and make a decision. The Special Master decided to rely on the logic of the previous decision of the U.S. Supreme Court in Texas v. New Jersey . [3] The court approved the decision of the Special Master.
The final decision ruled that if a money order is never redeemed or is under-redeemed, if Western Union does know who the purchaser or redeemer is, and a money order is never redeemed or is under-redeemed, the remaining money escheats to the state where that purchaser resides, subject to that state's rules for escheat of unclaimed money or property. However, if Western Union does not know who the purchaser or the person who redeemed it is, the money escheats to the state where Western Union is incorporated (e.g. New York at that time; it later reincorporated in Delaware).
Congress would weigh in on the matter two years later by passing the Disposition of Abandoned Money Orders and Traveler’s Checks Act (also known as the Federal Disposition Act or FDA), which decreed (in line with Pennsylvania's arguments) that the state where the money order was purchased should be the state to which unclaimed proceeds escheat, as most people purchase these items in the state of their residence.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
Texas v. White, 74 U.S. 700 (1869), was a case argued before the Supreme Court of the U.S. in 1869. The case's notable political dispute involved a claim by the Reconstruction era government of Texas that U.S. bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American Civil War. The state filed suit in the U.S. Supreme Court, given that, under the Constitution, that institution has original jurisdiction on certain cases in which a state is a party.
This is a list of cases reported in volume 2 U.S. of United States Reports, decided by the Supreme Court of the United States from 1791 to 1793. Case reports from other federal and state tribunals also appear in 2 U.S..
This is a list of cases reported in volume 3 U.S. of United States Reports, decided by the Supreme Court of the United States from 1794 to 1799. Case reports from other tribunals also appear in 3 U.S..
This is a list of cases reported in volume 4 U.S. of United States Reports, decided by the Supreme Court of the United States in 1799 and 1800. Case reports from other tribunals also appear in 4 U.S..
Texas v. New Jersey, 380 U.S. 518 (1965), is a United States Supreme Court decision handed down on February 1, 1965. Concerning the authority of the state to escheat, or take title to, unclaimed personal property, the Court was petitioned, under its power of original jurisdiction, to adjudicate a disagreement between three states, Texas, New Jersey, and the Commonwealth of Pennsylvania, over which state had the jurisdiction to escheat intangible personal property, such as uncashed checks. Recognizing the lack of any extant constitutional or statutory formula to decide jurisdiction, the Warren Court accepted the case, assigning a Special Master to compile evidence and recommend a solution that the states could use for similar cases in the future. Adopting the Special Master's suggestions, the Court, in a decision authored by Justice Hugo Black, ruled that the authority to escheat intangible personal property lay with the state of the creditor's last known address, rather than the state of the debtor's incorporation or headquarters, a formula used in previous cases.
Delaware v. Pennsylvania, 598 U.S. 115 (2023), was a United States Supreme Court case related to unclaimed money and check escheatment. This case was Justice Ketanji Brown Jackson's first majority opinion on the Supreme Court. It was also the first case the Supreme Court had taken on unclaimed property in over 30 years.