Legal Opinion

Milne v. Moreton

Supreme Court of Pennsylvania

Decided July 25, 1814PublishedCited by 31 opinions

IN ERROR. THIS was a writ of error to the District Court of the , . , . , city and county of Philadelphia, where a judgment had been rendered in favour of Moreton the plaintiff below, upon the following case. ■ “ Walter Moreton the plaintiff is a merchant residing in “ the city of Neto York, and a citizen of the United States, and Thomas Topham, the defendant in the foreign attach- “ ment, is a subject of the King of Great Britain residing “ in England.

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IN ERROR. THIS was a writ of error to the District Court of the , . , . , city and county of Philadelphia, where a judgment had been rendered in favour of Moreton the plaintiff below, upon the following case. ■ “ Walter Moreton the plaintiff is a merchant residing in “ the city of Neto York, and a citizen of the United States, and Thomas Topham, the defendant in the foreign attach- “ ment, is a subject of the King of Great Britain residing “ in England. “ The defendant Thomas Topham, through the plaintiff’s “ agent in Liverpool, transmitted to the plaintiff a consider- “ able quantity of…

1Opinion of the Court

Tilghman C. J.

Moreton the plaintiff below, claims under an attachment against the effects of Topham a merchant residing in England. A commission of brankrupt had issued against Topham in England, and the commissioners had made an assignment of his estate prior to the issuing of the plaintiff’s attachment. The question is, whether the plaintiff can hold the bankrupt’s effects against the assignees under'the commission. The counsel for the assignees rest their defence on two points. First, that the contract having been made in England, the case must be decided by the law of England. Secondly,…

2Cases cited2 opinions

  1. Longworth v. ConwellIndiana Supreme Court · 1831
  2. Worthington's Lessee v. EtchesonU.S. Circuit Court for the District of District of Columbia · 1837

3Cited by31 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Holmes v. RemsenNew York Supreme Court · 1822
  3. Andrews v. HerriotNew York Supreme Court · 1825
  4. Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
  5. Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890

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