Guillander v. . Howell
New York Court of Appeals
Acnos for the detention and conversion of some boilers. A firm of Boardman & Co., residing and doing business in the city of Hew York, failed in December, 1857, and then in that city made a general assignment to the plaintiff, then a resident of said city, for the benefit of then* creditors, giving preferences.
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Acnos for the detention and conversion of some boilers. A firm of Boardman & Co., residing and doing business in the city of Hew York, failed in December, 1857, and then in that city made a general assignment to the plaintiff, then a resident of said city, for the benefit of then* creditors, giving preferences. The assignors then had some steam boilers in Hew Jersey, which had been manufactured for them by the defendants, and for which they were then indebted to the defendants. After the assignment, the defendants, residents of Hew Jersey, sold the- steam boilers under proceedings commenced…
1Opinion of the CourtPeokham, J.
The point is here distinctly presented, and it is the only point in the case, whether a sale in Hew York, legal there, of chattels situate in Hew Jersey is valid in the latter State as against creditors of the assignors residing there, when it is void by the laws thereof.
It is a general rule in regard to personal property, that it has no situs, but follows the person of the owner. It is, therefore, governed in its transfer and disposition by the law of the domicile of its owner, that is, by the law of the place where the sale is made, without regard to the law of the locality where it may be…
2Cases cited3 opinions
- Hoyt v. . the Commissioners of TaxesNew York Court of Appeals · 1861
- Andrews v. HerriotNew York Supreme Court · 1825
- Bishop v. HolcombSupreme Court of Connecticut · 1835
3Cited by51 opinions
- Matter of Estate of RomaineNew York Court of Appeals · 1891
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Weissman v. Banque De BruxellesNew York Court of Appeals · 1930
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
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