Kelly v. . Crapo
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first district for the defendants, upon a verdict taken at the Circuit for the plaintiff, subject to their opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the first district for the defendants, upon a verdict taken at the Circuit for the plaintiff, subject to their opinion. The trial was had before Judge Gould, anda jury, in 1863. The controversy is between the plaintiff, as sheriff of Yew York, claiming under an attachment by him, at the suit of a Yew York creditor, upon the ship Arctic, and the defendants, Crapo and others, as assignees appointed under the insolvent laws of Massachusetts. On the 24th of April, 1861, Edward Mott Eobinson, residing in Yew York, commenced an…
1Opinion of the Court
Church, Ch. J.
As a general rule personal property has no locality, but follows, as to its disposition and transfer, the law of the domicil of the owner. • Hence a voluntary conveyance, valid according to the laws of the State where the owner resides, will in general operate to transfer such property wherever it may be situated, whilst a conveyance by operation of law, in proceedings under ■ bankrupt and insolvent acts in invitum, can affect only such property as is actually situated within the territory of the State or country where the law is enacted. The law of a State has no force,…
2Cases cited6 opinions
- Hoyt v. . the Commissioners of TaxesNew York Court of Appeals · 1861
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Dussuau v. RilieuxSupreme Court of Louisiana · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- McDonald v. . MalloryNew York Court of Appeals · 1879
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
17 more not listed; retrieve them via the Exa API.