Bayley v. French
Massachusetts Supreme Judicial Court
The first of these actions was assumpsit upon a promissory note, dated the 3d of April, 1821, payable by the defendant to the plaintiff Bayley, in six months, with interest. At the trial, which was upon the general issue, the defendant attempted to prove that the note was given without any consideration.
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The first of these actions was assumpsit upon a promissory note, dated the 3d of April, 1821, payable by the defendant to the plaintiff Bayley, in six months, with interest. At the trial, which was upon the general issue, the defendant attempted to prove that the note was given without any consideration. It was proved that Bayley made the first attachment upon certain machinery and other personal estate, as belonging to Joshua Stetson, which had been previously attached by one Welsh, as partnership property of Stetson and one Perry, and which was subsequently attached by Prouty as the…
1Opinion of the Court
Parker C. J.
The question arising on the report is whether, at the time of the levy of the plaintiff’s execution upon the goods in the possession of the defendant, the property in them was in the debtor, or whether it had been changed by the sale so as to pass to the purchaser on the sale under Bayley’s execution. And we are of opinion, that under the circumstances of that sale no property in the chattels passed to the purchaser.
It appears that the sale was on a credit of six months, by agreement between Bayley the creditor and the defendant, who was the officer that held the execution, and…
2Cases cited3 opinions
- Greenleaf v. CookSupreme Court of the United States · 1817
- Delany v. VaughnCourt of Appeals of Kentucky · 1814
- Hawley v. BeemanSupreme Court of Vermont · 1803