Citations
- 9 F. Supp. 403
Full opinion text
LINDLEY, District Judge.
Plaintiff, as administrator of the estate of Walter Searles, deceased, brought this suit to recover pension moneys that had accumulated to his credit in the hands of the treasurer at the Soldiers’ Home from payments by the Pension Board prior to his death. The case was tried without a jury upon an agreed statement of facts.
The deceased was an inmate and member of the National Home for Disabled Volunteer Soldiers (now by act of Congress, July 3; 1930 [46 Stat. 1016], Veterans’ Administration Home of Danville, Ill., which is bound by the “contracts and obligations” of the predecessor), and died therein September 16, 1926, while a pensioner. Some $1,500 had been paid by the Pension Bureau in monthly installments to the treasurer of the home in the way of pensions for the deceased, and this remained on deposit with the treasurer at the time of (deceased’s death for his credit. Other detailed facts appear in the stipulation.
Title 24, § 136, U. S. Code (Act June 25, 1910), 24 USCA § 136, is as follows: '“The application of any person for membership in the National Home for Disabled Volunteer Soldiers and the admission of the .applicant thereunder shall be and constitute a valid and binding contract between :such applicant and the Board of Managers