Legal Opinion

Woolley v. Constant

New York Supreme Court

Decided February 15, 1809PublishedCited by 29 opinions

THIS was an action of trover, for a brig called the America. The cause was tried at the sittings in New~ _ e 0 jLork5 the 19th ot April last, before the Chief-Justice.

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THIS was an action of trover, for a brig called the America. The cause was tried at the sittings in New~ _ e 0 jLork5 the 19th ot April last, before the Chief-Justice. The vessel had been attached on the 1st March, 1805, by the defendant, then sheriff of the city and county of New-York, by virtue of a warrant of attachment issued by one of the judges of this court, against the estate of Evans, an absent debtor, pursuant to the act giving relief against absconding and absent debtors. The plaintiffs were appointed trustees for all the creditors. The plaintiffs proved, by the custom-house books,…

1Opinion of the CourtThompson, J.

The first objection raised on the part of the plaintiff, against the validity of the transfer of property in the brig America, by Evans, the absent debtor, to Coffin and others, is, that the bill of sale was originally void, because die grand bill of sale was not delivered as a substitute for the possession of the brig, This objection was, however, abandoned ‘ during the argument, on the ground that (if amounting to any thing) it ought to have been raised at the trial. The real and only point, then, before us, is, whether the idling up of the blank left in the bill of sale, for the…

2Cited by29 opinions

  1. State v. YoungSupreme Court of Minnesota · 1877
  2. Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
  3. Drumright v. PhilpotSupreme Court of Georgia · 1854
  4. Inhabitants of South Berwick v. HuntressSupreme Judicial Court of Maine · 1865
  5. Chauncey v. . ArnoldNew York Court of Appeals · 1862

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