Jewett v. Preston
Supreme Judicial Court of Maine
Trover, to recover the value _ of certain furniture, books, &c., particularly described. The articles were originally the property of Preston, one of the defendants.
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Trover, to recover the value _ of certain furniture, books, &c., particularly described. The articles were originally the property of Preston, one of the defendants. He was declared a bankrupt on March 21, 1843, and put into his schedule of effects this property in this way only: — “ Also my right to redeem certain personal property and household furniture mortgaged to said Convers Francis, Jan. 10, 1839, for the consideration and payment of $ 1,642.” On March 23, 1843, J. W. Carr was appointed assignee. The effects of the bankrupt were decreed to be sold, and he advertised to be sold on…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
The property of Preston, on his becoming a bankrupt, vested in his assignee, who, instantly thereupon, became entitled to possession of it and might have taken *404it from the bankrupt, or any one else in possession of it. In fact, the possession of it by the bankrupt, was the possession of the assignee, the bankrupt being but the keeper of it for the as-signee. It was not necessary it should be inserted in the bankrupt’s schedule in order to give the assignee such right. The bankrupt act, of 1841, <§> 3, is explicit to this effect. The right…
2Cited by3 opinions
- Gorham's Admr. v. Meacham's Admr.Supreme Court of Vermont · 1891
- Robinson v. DennySupreme Court of Alabama · 1877
- Cushman v. LutherSupreme Court of New Hampshire · 1873