Legal Opinion

Ockerman v. . Cross

New York Court of Appeals

Decided June 5, 1873PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiffs, entered on the report of a referee. The action was brought by the plaintiffs to recover the value of a quantity of nutmegs and tobacco.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiffs, entered on the report of a referee. The action was brought by the plaintiffs to recover the value of a quantity of nutmegs and tobacco. Plaintiffs had come in possession, and claimed to be owners, as assignees, under a voluntary assignment to them by a firm who had been doing business at Belleville, in Canada West, and become insolvent for the benefit of their creditors. The property was seized and taken from them by the defendant Cross, as the sheriff…

1Opinion of the Court

Lott, Ch. C.

It is the general rule in reference to personal property that it has no locality, but follows the person of its owner, and that its disposition and transfer are governed by the law of his domicil, and that a voluntary conveyance, valid by the laws of the place where the owner resides, will operate as a transfer of property wherever situated. This is conceded by the appellants’ counsel, but he claims that “ every nation, in the exercise of its sovereignty, has a right to prescribe its own rules and remedies pertaining to persons or property in its own territory,” and that this…

2Cases cited1 opinion

  1. Guillander v. . HowellNew York Court of Appeals · 1866

3Cited by22 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Clark v. WilliardSupreme Court of the United States · 1934
  3. Clark v. WilliardSupreme Court of the United States · 1935
  4. Barth v. . BackusNew York Court of Appeals · 1893
  5. Mabon v. . Ongley Electric Co.New York Court of Appeals · 1898

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