Gardner v. Commercial National Bank
Illinois Supreme Court
The Commercial National Bank of Providence, Rhode Island, sued out a writ of attachment againt Davis, Towne, Tew and Sackett, copartners, under the firm name of Sackett, Davis & Co., which was levied on certain real estate, the legal title whereof was- in Sackett. Henry W. Gardner, Lodowick Bray ton and Joseph B. Matthewson interpleaded, claiming that they were the owners of the attached property as trustees, etc.
Read the full summary
The Commercial National Bank of Providence, Rhode Island, sued out a writ of attachment againt Davis, Towne, Tew and Sackett, copartners, under the firm name of Sackett, Davis & Co., which was levied on certain real estate, the legal title whereof was- in Sackett. Henry W. Gardner, Lodowick Bray ton and Joseph B. Matthewson interpleaded, claiming that they were the owners of the attached property as trustees, etc. To this there was an answer denying that they were such owners. By agreement of parties the cause was submitted for trial on the interpleaders. Judgment was rendered in favor of the…
1Opinion of the CourtJustice Scholfield
Although the deed of assignment was executed in Rhode Island, yet its validity and effect, as an instrument for the conveyance of real estate located here, must be determined by our law. Story’s Conflict of Laws, sec. 364; Rorer on Inter-State Law, pages 139, 204; Cutter v. Davenport, 1 Pick. 81; Osborne v. Adams, 18 id. 245; Hartford v. Nichols, 1 Paige, 220; Chapman v. Roberts, 6 id. 627; Wills v. Cowper, 2 Ham, 124; Loving v. Paire, 10 Iowa, 282.
The deed of assignment recites that, “ whereas, the said Sackett, Davis & Co. are indebted to divers persons in divei’S sums of money, and their…
2Cases cited4 opinions
- Loving v. PairoSupreme Court of Iowa · 1860
- Bowen v. ParkhurstIllinois Supreme Court · 1860
- McIntire v. BensonIllinois Supreme Court · 1858
- Nesbitt v. DigbyIllinois Supreme Court · 1851
3Cited by20 opinions
- First Nat. Bank of Cincinnati v. FlershemSupreme Court of the United States · 1934
- Farwell v. CohenIllinois Supreme Court · 1891
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
15 more not listed; retrieve them via the Exa API.