
    
      Aaron Wilbur v. The United States.
    
      On the Proofs.
    
    
      A shipment of captured cotton is described by the quartermaster as belonging to A. If., president of the Some Insurance Company. The company, which is also a suitor in another case, disclaims, through its counsel, in open court, all interest in the shipment, and stipulates loith the defendants not to press a demand for it.
    
    Where the evidence shows thata shipment of certain captured cotton belonging, either to the claimant individually or to an insurance company of which he was the president, the presumption ordinarily would be in favor of tlie company — the cestui que trust, rather than of its president— the trustee. But where the company, being a suitor in another case, disclaims, by its counsel, all interest in the shipment, judgment will be given in favor of the president individually.
    
      Messrs. Denver, TS. P. Horton, and W. W. McFarland for the claimant.
    This claim, is for the proceeds of one hundred and two (102) bales of upland cotton, seized at the time of the occupation of Savannah by General Sherman, and, shipped to Mr. Simeon Draper, at New York, and sold.
    Marmaduke Hamilton, who wras in the employ of Colonel Ransom, United States quartermaster, had charge of all the cotton seized at Savannah, and kept a book in which were entered the names of the claimants, the number of bales, the names of the shippers, and the number of bales shipped. From that book he gives a copy of the following entry :
    “ 21st Feb., 1865, ship Sandusky — A. Wilbur, marked A. B., 121 © 122 — 102 bales upland, weighing 49,664 lbs.”
    In the answer of the War Department of February 18, 1868, to the request of the Court of Claims, under “ Transcript of entries from- book marked E, statement of captured cotton shipped from Savannah, with names of claimants,” we find an entry from which we extract as follows:
    
      u A. Wilbur — Feb. 21,1865 — ship Sandusky, marked A. B., 102 bales upland.”
    And at page 7 of the testimony of Francis Robinson, given in the case of Paddleford & Mott v. The United States, which, by stipulation with the solicitor of the United States, is made evidence in this case, we find a record of the reception of the cargoes of the “ ship Sandusky,” from Savannah, by Mr. Simeon Draper, at New York.
    The ownership and loyalty of the claimant, and the seizure of the cotton by the United States, being proved, a judgment is respectfully requested for the amount of the proceeds of the same, as per the statement of Francis Robinson, above referred to.
    
      Mr. Alexander Johnston for the defendants.
   Nott, J.,

delivered the opinion of the court:

. This is an action brought under the Abandoned or captured property act to recover the proceeds in the Treasury of one hundred and two bales of cotton captured at Savannah. The proceeds are alleged to be not less than twenty thousand dollars in gold.

The claimant, on the capture of Savannah, reported to the military authorities 498 bales of cotton: 188 bales he claimed to be his own; the remainder belonged to various companies, of which he was the president. It does not appear that all of these 498 bales came to the possession of the defendants; nor is the seizure of the claimant’s specific parcel directly shown.

Nevertheless, there is a shipment of one hundred and two bales by the “ Sandusky,” which belonged either to the claimant individually or to the Home Insurance Company, of which he was the president. If the matter rested thus, the presumption ordinarily would be in favor of the company rather than of its president — in favor of the cestui-que trust rather than of the trustee. But the Home Insurance Company, which is also a suitor in another case, has disclaimed, through its counsel, all interest in the shipment referred to, and has stipulated with the defendants not to press a demand against the proceeds thereof. With that stipulation the counsel for the defendants is content, and judgment will be rendered accordingly.

The judgment of the court is that the claimant recover the proceeds in the Treasury of one hundred and two bales of upland cotton captured at Savannah, being $175.33 per bale, amounting in the aggregate to $17,883.06.  