Marcy v. Clark
Massachusetts Supreme Judicial Court
Replevin for sundry goods and chattels mentioned in the writ. The defendant pleaded that the goods, at the time of the taking, &c., were the property of one Joseph Marcy, the plaintiff’s brother, and traversed the averment in the writ, that they were the property of the plaintiff.
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Replevin for sundry goods and chattels mentioned in the writ. The defendant pleaded that the goods, at the time of the taking, &c., were the property of one Joseph Marcy, the plaintiff’s brother, and traversed the averment in the writ, that they were the property of the plaintiff. On this traverse, issue was joined, to maintain which, on his part, the plaintiff produced a bill of parcels of the said goods and chattels, from the said Joseph to him, and proved that they were delivered to him before the taking, &c. The defendant produced evidence to show that the said sale was fraudulent, and…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court The sale of the goods from Joseph Marcy to his brother, the plaintiff, having been found by the jury to be fraudulent against creditors (1), the only question, reserved for the consideration of the Court, was, whether the defendant had a right, by law, to question the validity of the sale, which, notwithstanding its fraudulent intent, was good between the vendor and vendee.
The defendant, having taken the goods upon an execution m favor of a creditor of an incorporated manufacturing company, and having proceeded under the statute of 1808, c.…
2Cited by27 opinions
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- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Coleman v. WhiteWisconsin Supreme Court · 1862
- Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922
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