Patten v. Smith
Supreme Court of Connecticut
This was an action of trespass, for taking and carrying away a printing apparatus, claimed by the plaintiff, consisting of a press, cases, types, &c. The cause was tried at Hartford, February term, 1822, before Peters, J. On the 14th of May, 1818, and until after the 5th of December, 1820, William S. Marsh was a book-binder in the city of Hartford, and carried on that business in a shop belonging to the plaintiff.
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This was an action of trespass, for taking and carrying away a printing apparatus, claimed by the plaintiff, consisting of a press, cases, types, &c. The cause was tried at Hartford, February term, 1822, before Peters, J. On the 14th of May, 1818, and until after the 5th of December, 1820, William S. Marsh was a book-binder in the city of Hartford, and carried on that business in a shop belonging to the plaintiff. On the day first mentioned, Marsh purchased and received of the plaintiff the printing apparatus specified in the declaration, at the price of 325 dollars, upon, credit; and on the…
1Opinion of the Court
Hosmer, Ch. J.
This case presents three questions for the determination of the court. 1. Was the judge authorized to direct the jury, that they should render their verdict for the defendants? 2. Were the goods and chattels taken, by the defendants, tools of Marsh's trade, and legally exempted from execution? 3. Was the conveyance by mortgage to the plaintiff, fraudulent in respect of creditors?
1. In the charge to the jury, the judge assumed the decision of a question of fact; and for this reason, it was incorrect. If, however, on considering the motion in this case, it clearly shall appear,…
2Cases cited2 opinions
- Buckingham v. BillingsMassachusetts Supreme Judicial Court · 1816
- Burrows v. StoddardSupreme Court of Connecticut · 1819
3Cited by27 opinions
- People v. ShakunNew York Court of Appeals · 1929
- Green v. RaymondTexas Supreme Court · 1882
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Jenkins v. McNallSupreme Court of Kansas · 1882
- Bickart v. SanditzSupreme Court of Connecticut · 1927
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