Williams v. Cheeseborough
Supreme Court of Connecticut
This was an action of trespass, for taking and carrying away from the plaintiff’s possession certain goods. The cause was tried at New-London, January term, 1821, before Brainard. J. The plaintiff claimed property in the goods, by virtue of a bill of sale from Ebenezer Prentis, dated July 29th, 1820. The defendant claimed a special property in them, by virtue of an attachment, in favour of one Mudge against Prentis and others, which he levied on them the same day.
Read the full summary
This was an action of trespass, for taking and carrying away from the plaintiff’s possession certain goods. The cause was tried at New-London, January term, 1821, before Brainard. J. The plaintiff claimed property in the goods, by virtue of a bill of sale from Ebenezer Prentis, dated July 29th, 1820. The defendant claimed a special property in them, by virtue of an attachment, in favour of one Mudge against Prentis and others, which he levied on them the same day. The grounds on which the defendant attempted to support his claim, were, first, that the bill of sale to the plaintiff was…
1Opinion of the Court
Hosmer, Ch. J.
Two general questions have been litigated in this case: First, Whether the attachment, under which the defendant claims title, was prior to the plaintiff’s bill of sale; and secondly, Whether the bill of sale was fraudulent as to creditors.
The attachment was served, and the bill of sale executed, on the same day; and in ascertaining the point of priority, it became necessary to institute a particular enquiry, relative to the precise moment, in which the former was levied, and the latter was delivered. The defendant, very unnecessarily, made a return on the attachment, that he…
2Cases cited1 opinion
- Gardner v. HosmerMassachusetts Supreme Judicial Court · 1810
3Cited by9 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Selleck v. Sugar Hollow Turnpike Co.Supreme Court of Connecticut · 1840
- Brainard v. BushnellSupreme Court of Connecticut · 1835
- Governor v. BancroftSupreme Court of Alabama · 1849
- Lee v. New Haven, M. & W. R.U.S. Circuit Court for the District of Connecticut · 1877
4 more not listed; retrieve them via the Exa API.