Bridgham v. Hinds
Supreme Judicial Court of Maine
On motion and exceptions by defendant. An action of trover to recover damages for alleged conversion of personal property by defendant who had attached it on a writ and taken possession of it, plaintiff claiming that prior to such attachment, he had purchased in good faith for value and taken delivery of said personal property, and defendant claiming that the seller of the property and the plaintiff acting in collusion to hinder, delay and defraud the creditors of the…
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On motion and exceptions by defendant. An action of trover to recover damages for alleged conversion of personal property by defendant who had attached it on a writ and taken possession of it, plaintiff claiming that prior to such attachment, he had purchased in good faith for value and taken delivery of said personal property, and defendant claiming that the seller of the property and the plaintiff acting in collusion to hinder, delay and defraud the creditors of the seller, fraudulently transferred said property liable to attachment, to plaintiff with no intention on the part of either that…
1Opinion of the CourtDunn, J.
It is a rule of law tracing of ancient lineage to an analytical past, that when the same goods are sold to two persons by conveyances equally valid, he who first lawfully acquires the possession will hold them against the other. Jewett v. Lincoln, 14 Maine, 116. An attaching creditor of the seller is to be considered as having purchased for a valuable consideration. Lanfear v. Sumner, 17 Mass., 109. Therefore, in the absence of a delivery, actual, constructive, or symbolical, an attaching creditor would not be precluded by an antecedent chattel sale of which he had not knowledge in advance of…
2Cases cited4 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Adams v. BurksU.S. Circuit Court for the District of Massachusetts · 1871
- Lanfear v. SumnerMassachusetts Supreme Judicial Court · 1821
- Brown v. PierceMassachusetts Supreme Judicial Court · 1867
3Cited by14 opinions
- City of Wahpeton v. Drake-Henne, Inc.North Dakota Supreme Court · 1975
- State v. SawyerSupreme Judicial Court of Maine · 1974
- General Motors Acceptance Corporation v. AnaconeSupreme Judicial Court of Maine · 1964
- Kennedy v. Emerald Coal & Coke Co.Supreme Court of Delaware · 1944
- Boynton v. AdamsSupreme Judicial Court of Maine · 1975
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