Calkins v. Lockwood
Supreme Court of Connecticut
This was an action of trover for a quantity of pig iron. The defendants pleaded the general issue, with notice of special matter to be given in evidence as a justification.
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This was an action of trover for a quantity of pig iron. The defendants pleaded the general issue, with notice of special matter to be given in evidence as a justification. The cause was tried, at Litchfield, April adjourned term, 1844, before Waite, J. The parties respectively claimed title to the iron in question, under Nathaniel E. Bradley, the manufacturer thereof, and the undisputed owner until the 16th of February, 1843; when, as the plaintiffs claimed, it was taken possession of, by Barnabas Payne, by virtue of the following contract between him and Bradley: "This agreement between…
1Opinion of the Court
Williams, Ch. J.
The defendants claimed under attachments against one Nathaniel E. Bradley; and the only question finally made, was, whether the transfer of the property by Bradley to Payne, with the possession taken by Payne under it, which was prior to the attachments, was valid, and should prevail against the attaching creditors of Bradley.
The defendants claimed, in the first place, that the conveyance of the property was not valid as between the parties themselves; and secondly, that it was void as against the creditors of Bradley.
In support of the first proposition, it was claimed, that…
2Cases cited1 opinion
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
3Cited by9 opinions
- Moseley v. GoodmanTennessee Supreme Court · 1917
- McIntosh v. SmileyMissouri Court of Appeals · 1888
- Gilbert v. DeckerSupreme Court of Connecticut · 1885
- American Zinc Products Co. v. SandersSupreme Court of Arkansas · 1927
- Kelly v. BairdNorth Dakota Supreme Court · 1934
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