L. Cook & Co. v. Corthell
Supreme Court of Rhode Island
Plaintiees’ petition for a new trial. Assumpsit. The plaintiffs’ writ was served by attaching certain personal property covered by a mortgage executed by the defendant to one Darwin Almy. The defendant pleaded, in abatement, no service of writ, whiBh plea the plaintiff traversed.
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Plaintiees’ petition for a new trial. Assumpsit. The plaintiffs’ writ was served by attaching certain personal property covered by a mortgage executed by the defendant to one Darwin Almy. The defendant pleaded, in abatement, no service of writ, whiBh plea the plaintiff traversed. Gen. Stat. of R. I. cap. 197, § 4, provides that “ Personal estate, when mortgaged and in the possession of the mortgagor, and while the same is redeemable at law or in equity, may be attached on mesne process against the mortgagor, in the same manner as his other personal estate.” The case was submitted to a jury to…
1DissentPotter, J.
This is an action on the case for book account. The writ was served January 2, 1874, by attaching certain goods and the defendant’s interest in a lease, and a copy was left with the defendant “ for the purpose of notifying him of the pendency of this suit.” The goods were advertised and sold under the statute.
The defendant pleaded that the property in the goods was not in the defendant; that the only service was by attachment of said goods, specially setting out a mortgage given by him thereon to one Almy, October 28,1872; and that on the 1st day of January, 1874, the said Almy took…
2Cases cited15 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Butt v. EllettSupreme Court of the United States · 1874
- Hamilton v. RogersCourt of Appeals of Maryland · 1855
- Bay v. CoddingtonNew York Court of Chancery · 1821
- Holly v. BrownSupreme Court of Connecticut · 1841
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