Low v. Pew
Massachusetts Supreme Judicial Court
Replevin by the firm of Alfred Low & Company of a lot of flitched halibut from the assignees in bankruptcy of the firm of John Low & Son, all of Gloucester.
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Replevin by the firm of Alfred Low & Company of a lot of flitched halibut from the assignees in bankruptcy of the firm of John Low & Son, all of Gloucester. Writ dated August 24, 1869. The parties stated the following case for the judgment of the court: On April 17, 1869, as the schooner Florence Reed, owned by John Low & Son, was about to sail from Gloucester on a fishing voyage, that firm received $1500 from the plaintiffs, and signed and gave the plaintiffs the following writing: “ We, John Low & Son, hereby sell, Assign and set over unto Alfred Low & Company all the halibut that may be…
1Opinion of the CourtMorton, J.
By the decree adjudging John Low & Son bankrupts, all* their property, except such as is exempted by the bankrupt law, was brought within the custody of the law, and by the subsequent assignment passed to their assignees. Williams v. Merritt, 103 Mass. 184. The firm could not by a subsequent sale and delivery transfer any of such property to the plaintiffs. The schooner which contained the halibut in suit arrived in Gloucester August 14, 1869, which was after the decree of bankruptcy. If there had been then a sale and delivery to the plaintiffs of the property replevied, it would have been…
2Cases cited3 opinions
- Bellows v. WellsSupreme Court of Vermont · 1864
- Van Hoozer v. CoryNew York Supreme Court · 1860
- Williams v. MerrittMassachusetts Supreme Judicial Court · 1869
3Cited by43 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Richardson v. Washington & Costley Bros.Texas Supreme Court · 1895
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
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