Hatch v. Oil Co.
Supreme Court of the United States
Error to the Circuit Court of the United States for , the Eastern District of Michigan. The Standard Oil Company of Cleveland brought replevin against Alonzo S. Hatch for a quantity of staves whereof it claimed to be the owner, which he, as sheriff of Lapeer County, Michigan, had seized under and by virtue of certain attachments and executions sued out against the property of John J. and Alfred E. Merritt. - There was a verdict in favor of the company^ and judgment having…
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Error to the Circuit Court of the United States for , the Eastern District of Michigan. The Standard Oil Company of Cleveland brought replevin against Alonzo S. Hatch for a quantity of staves whereof it claimed to be the owner, which he, as sheriff of Lapeer County, Michigan, had seized under and by virtue of certain attachments and executions sued out against the property of John J. and Alfred E. Merritt. - There was a verdict in favor of the company^ and judgment having been rendered thereon, Hatch sued out this writ of error. The assignment of errors is set out in the opinion of the court.…
1Opinion of the CourtJustice Clifford
Contracts for the purchase and sale of chattels, if complete and unconditional and not within the Statute of Frauds, are sufficient, as between the parties, to vest the property in the purchaser, even without delivery; the rule being that such a contract constitutes a sale of the thing, and that its effect is, if not prejudicial to creditors, to transfer the property to the purchaser against every person not holding the same under a bona fide title for a valuable consideration without notice. The Sarah Ann, 2 Sumn. 211; Gibson v. Stevens, 8 How. 384, 399; 2 Kent, Com. (12th ed.) 493; Leonard…
2Cases cited15 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Leonard v. DavisSupreme Court of the United States · 1862
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
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3Cited by105 opinions
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- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
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