Legal Opinion

Clow v. Woods

Supreme Court of Pennsylvania

Decided September 6, 1819PublishedCited by 14 opinions

In Error. TRESPASS, brought by James B. Clow, and James Sharp, against William Woods, in the Court of Common Pleas, of Allegheny county. 7 <-> u •* The following case was stated in the Court below, an On the 19th September, 1815, James B. Clow, one of the plaintiffs, was the drawer of an accommodation note in bank, for g 950, in his own name, for the use of John Hancock, James Sharp, the other plaintiff, was the indorser of two accommodation notes in bank, drawn by said John…

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In Error. TRESPASS, brought by James B. Clow, and James Sharp, against William Woods, in the Court of Common Pleas, of Allegheny county. 7 <-> u •* The following case was stated in the Court below, an On the 19th September, 1815, James B. Clow, one of the plaintiffs, was the drawer of an accommodation note in bank, for g 950, in his own name, for the use of John Hancock, James Sharp, the other plaintiff, was the indorser of two accommodation notes in bank, drawn by said John Hancock, one for g 272, and the other for g 500. As a security to the said plaintiffs, and as an indemnity against…

1Opinion of the Court

Gibson J.

The Star. IS. Eliz. does not, in words, declare a conveyance of goods fraudulent, where the vendor retains possession; but in general terms renders void all conveyances made to the end, purpose, and intent of defrauding creditors. Hence it becomes incumbent on the Courts to determine, from all the circumstances of the case, whether the conveyance be, or be not, made with a fraudulent intention ; and in judging of that, it is held, that any neglect in leaving the vendor in possession, is fraudulent within the statute. The general rule is, that the possession must be transferred to the…

2Cases cited11 opinions

  1. United States v. Hooe Et Al.Supreme Court of the United States · 1805
  2. Wilt v. FranklinSupreme Court of Pennsylvania · 1809
  3. President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
  4. Sturtevant v. BallardNew York Supreme Court · 1812
  5. Dawes v. CopeSupreme Court of Pennsylvania · 1811

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
  2. Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
  3. Young v. M'ClureSupreme Court of Pennsylvania · 1841
  4. Shaw v. LevySupreme Court of Pennsylvania · 1827
  5. Martin v. MathiotSupreme Court of Pennsylvania · 1826

9 more not listed; retrieve them via the Exa API.

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