Robinson v. Elliott
Supreme Court of the United States
Appeal from the Circuit Court for the District of Indiana; the case, as appeared by bill and demurrer,-being thus: On the 7th of July, 1871, John and Seth Coolidge, brothers, were partners in the retail dry goods trade in Evansville, Indiana, having been thus in business there since the year 1863. On the day just named they owed to a Mrs. Sloan $3174, for money previously borrowed of her to aid them in their business.
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Appeal from the Circuit Court for the District of Indiana; the case, as appeared by bill and demurrer,-being thus: On the 7th of July, 1871, John and Seth Coolidge, brothers, were partners in the retail dry goods trade in Evansville, Indiana, having been thus in business there since the year 1863. On the day just named they owed to a Mrs. Sloan $3174, for money previously borrowed of her to aid them in their business. They also owed the First National Bank of Evansville $7600, evidenced by seven promissory notes of the firm — all maturing between the 25th of July and the 6th of October of the…
1Opinion of the CourtJustice Davis
There are few subjects which have been more discussed in the courts of this country, with less uniformity of decision, than that of sales and mortgages of personal goods, without delivery of possession. In Indiana the statute of 13th Elizabeth has been adopted, and two provisions applicable to this case engrafted on it. The first declares that “ no assignment of goods by way of mortgage- shall be valid against any other person than the parties thereto, when such goods are not delivered to the mortgagee, or assignee, and retained by him, unless such assignment or mortgage ” shall be duly…
2Cases cited4 opinions
- Freeman v. RawsonOhio Supreme Court · 1855
- In re KahleyDistrict Court, W.D. Wisconsin · 1870
- Mittnacht v. KellyNew York Court of Appeals · 1867
- In re ManlyDistrict Court, S.D. Ohio · 1869
3Cited by97 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Benedict v. RatnerSupreme Court of the United States · 1925
- Etheridge v. SperrySupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Brackett v. . HarveyNew York Court of Appeals · 1883
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