Perry v. Chandler
Massachusetts Supreme Judicial Court
This was an action of trespass, originally commenced m this court, by a writ dated the 20th of May, 1842, against the defendant, as the sheriff of the county, for the taking and carrying away of a stock of dry goods, and other personal property enumerated in the writ, by Jefferson Bancroft, his deputy; and was submitted to the court upon an agreed statement, from which the following facts appeared: — On the 25th of April, 1842, Charles Maynard was the owner of the stock and…
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This was an action of trespass, originally commenced m this court, by a writ dated the 20th of May, 1842, against the defendant, as the sheriff of the county, for the taking and carrying away of a stock of dry goods, and other personal property enumerated in the writ, by Jefferson Bancroft, his deputy; and was submitted to the court upon an agreed statement, from which the following facts appeared: — On the 25th of April, 1842, Charles Maynard was the owner of the stock and property in question ; and the plaintiff held two notes signed by Maynard, which had then become due and payable, and…
1Opinion of the CourtDewey, J.
The mortgage to the plaintiff was valid as between the parties to it, and also as to third persons, so long as there were no proceedings in bankruptcy affecting it. The mere existence of the bankrupt law, although containing provisions that might affect the mortgage, and in reference to 'which it might be illegal and invalid, if no proceedings had been instituted under it, would furnish no defence to a stranger, who should intermeddle with the property, not exercising or claiming to exercise any authority over it, as an assignee or other agent clothed with authority under the bankrupt law.…
2Cases cited2 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Richard Nugent, Assignee of Elizabeth Norton, in Bankruptcy, in Error v. George W. Boyd, Isaac T. Preston, and Abner PhelpsSupreme Court of the United States · 1845
3Cited by1 opinion
- Mississippi Mills v. J. Meyer & Co.Texas Supreme Court · 1892