Palmer v. Thayer
Supreme Court of Connecticut
Trover, for a quantity of lumber, brought by the plaintiff as trustee in insolvency of the estate of Isaac G. Ford. Ford was the owner of the lumber on the 2d day of December, 1856, at which time it was attached by the defendant Thayer, as a constable, upon a writ in favor of Prentice, the other defendant, the property being at" the time in the hands of Thayer as a constable under a prior attachment.
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Trover, for a quantity of lumber, brought by the plaintiff as trustee in insolvency of the estate of Isaac G. Ford. Ford was the owner of the lumber on the 2d day of December, 1856, at which time it was attached by the defendant Thayer, as a constable, upon a writ in favor of Prentice, the other defendant, the property being at" the time in the hands of Thayer as a constable under a prior attachment. The writ was returnable to the superior court, at its session in New London county on the 3d Tuesday of January, 1857,. and Prentice obtained judgment by default at that term. The constable, in…
1Opinion of the CourtEllsworth, J.
The title of the plaintiff to the property in question, is as assignee of Isaac G. Ford, who failed and assigned his property on the 25th day of February, 1857. It is not denied that the defendants, one of whom is the attaching creditor of said Ford, and the other the officer who served the writ and took the property, have a good and legal defense, if the evidence offered by the defendants to prove the day when the property was attached is admissible in proof; and if, further, there be nothing in the character and position of the plaintiff, as assignee for creditors, to *242exempt him from the…
2Cases cited6 opinions
- In re HoweNew York Court of Chancery · 1828
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Watson v. WellsSupreme Court of Connecticut · 1825
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1816
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3Cited by14 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Cugno v. KaelinSupreme Court of Connecticut · 1951
- Lampson Lumber Co. v. HoerSupreme Court of Connecticut · 1952
- Safford v. Morris Metal Products Co.Supreme Court of Connecticut · 1923
- Seibert v. MilliganIndiana Supreme Court · 1887
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