Peck v. Whiting
Supreme Court of Connecticut
This was an action of trover, for the conversion of certain goods, wares and merchandise. The cause was tried, on the general issue, with notice of special matter to be given in evidence, at Fairfield, February term, 1851. Upon the trial, the plaintiffs claimed title under a deed of assignment, made to them, on the 7th day of September, 1848, by John D. Leavenworth and Mark Leavenworth, partners, for the benefit of their creditors, in pursuance of the provisions of the…
Read the full summary
This was an action of trover, for the conversion of certain goods, wares and merchandise. The cause was tried, on the general issue, with notice of special matter to be given in evidence, at Fairfield, February term, 1851. Upon the trial, the plaintiffs claimed title under a deed of assignment, made to them, on the 7th day of September, 1848, by John D. Leavenworth and Mark Leavenworth, partners, for the benefit of their creditors, in pursuance of the provisions of the statute of 1828, relating to the settlement of insolvent estates. Stat. 363. It was proved and admitted, that at the time of…
1Opinion of the CourtHinman, J.
The defendant attached the goods in question, as the property of John D. & Mark Leavenworth. He found them at the store where said Leavenworths had been doing business, in the actual possession, for the time, of Mark Leavenworth; and the question is, whether they can be held, by the attaching creditor, against the plaintiffs, who claim them under a previous assignment, pursuant to the statute of 1828, for the benefit of the Leavenworths' creditors.
The case turns upon the question whether there was any legal reason for the possession, retained, by one of the assignors, after the assignment.…
2Cited by5 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Kaspar v. DawsonSupreme Court of Connecticut · 1899
- Nassauer v. TechnerWisconsin Supreme Court · 1886
- Carroll v. Absolute Tank Removal, LLCConnecticut Superior Court · 2003
- Dennis v. Vicksburg Shreveport & Pacific RailroadSupreme Court of Louisiana · 1882