Kelly v. Smith
U.S. Circuit Court for the District of Connecticut
[In error to the district court of the United States for the district of Connecticut.] The action there was book debt, brought by Erastus Smith of Hartford, as assignee in bankruptcy of Henry Pomeroy, a voluntary bankrupt, and John H. Preston, who was not a bankrupt when the suit was commenced, against Norman Kelly & Co., manufacturers of printing cloths in Killingly, Conn.
Read the full summary
[In error to the district court of the United States for the district of Connecticut.] The action there was book debt, brought by Erastus Smith of Hartford, as assignee in bankruptcy of Henry Pomeroy, a voluntary bankrupt, and John H. Preston, who was not a bankrupt when the suit was commenced, against Norman Kelly & Co., manufacturers of printing cloths in Killingly, Conn. The plaintiffs sought to recover $2000 as due from the defendants to Preston and Pomeroy, late partners, at the time Pomeroy's petition in bankruptcy was presented. The action was reumable to the term of the district court…
1Opinion of the Court
NELSON, Circuit Justice.
1. The question on the merits in this case is, whether the defendants below should be allowed, in the adjustment of their accounts, the nett proceeds of the actual sales of their goods, or their market value at the time of their delivery to Arnold & Co., on the 8th of June, 1S42. The court below allowed only the nett proceeds.
The pledge of the goods by Preston & Pomeroy, as security for advances made to them by Arnold & Co., with authority to the latter to sell to re-imburse the same, was a conversion of the property which subjected the factors to an action for the…
2Cases cited3 opinions
- Kennedy v. StrongNew York Supreme Court · 1817
- Bell v. PalmerNew York Supreme Court · 1826
- Guy v. OakleyNew York Supreme Court · 1816