Williams v. Merritt
Massachusetts Supreme Judicial Court
Tort against a deputy of the sheriff of Essex, for the conversion of a horse and its harness, a carryall, a sleigh, and other chattels.
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Tort against a deputy of the sheriff of Essex, for the conversion of a horse and its harness, a carryall, a sleigh, and other chattels. Trial in the superior court, before Lord, J., who reported the case for the determination of this court, substantially as follows: The plaintiff claimed title to the property under a bill of sale thereof to himself from Smith T. Downing, dated in January 1868. On February 27,1868, Downing filed his petition for the benefit of the bankrupt act, (U. S. St. 1867, c. 176,) and was duly adjudged a bankrupt; but no meeting of his creditors was held, nor an assignee…
1Opinion of the CourtGray, J.
If this case had arisen while our insolvent law was in force, there could have been no doubt that the ruling at the trial was in accordance with the previous decisions of this court The plaintiff, claiming title under a bill of sale from the debtor, might have maintained this action, unless the defendant could show a better title. Codman v. Freeman, 3 Cush. 306. Hubbard v. Lyman, 8 Allen, 520. If indeed an attachment had been made before the institution of proceedings in insolvency, it would not have been dissolved before the assignment, and until that time the attaching officer would have…
2Cases cited1 opinion
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
3Cited by1 opinion
- Low v. PewMassachusetts Supreme Judicial Court · 1871