Plestoro v. Abraham
New York Court of Chancery
The defendant Abraham, is a British subject, domiciliated in England. In July, 1828, he left that country for the United States, bringing with him 24 cases of paintings, cabinet furniture and merchandize, and arrived in New York about the first of September, when the goods were deposited in the public store, under the charge of the defendant Thompson, as collector of the port.
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The defendant Abraham, is a British subject, domiciliated in England. In July, 1828, he left that country for the United States, bringing with him 24 cases of paintings, cabinet furniture and merchandize, and arrived in New York about the first of September, when the goods were deposited in the public store, under the charge of the defendant Thompson, as collector of the port. Shortly after Abraham left England, a commission of bankruptcy was taken out against him there, by virtue of which he was duly declared a bankrupt; and on the 8th day of August, J. Johnson, one of the *complainants was…
1Opinion of the Court
The Chancellor :—In the case of Holmes v. Remsen, (4 Johns. Ch. R. 460,) Chancellor Kent decided that an assignment by the commissioners of bankruptcy in England operated as a legal transfer of the personal property and dioses in action of the bankrupt in this country, even as against a subsequent attachment taken out here by an American creditor, under the act against absconding and absent debtors. It is doubtful whether that decision, to its full extent, can be sustained. It was strongly questioned and ably opposed by Platt, J., in a case between the same parties, which subsequently came…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Harrison v. SterrySupreme Court of the United States · 1809
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Holmes v. RemsenNew York Supreme Court · 1822
3Cited by10 opinions
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858
- O'Neill v. NagleCity of New York Municipal Court · 1887
- Blake v. WilliamsMassachusetts Supreme Judicial Court · 1828
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