Meeker v. Wilson
U.S. Circuit Court for the District of Massachusetts
This was an action of trover, brought by the plaintiffs [Samuel Meeker and others,] against the defendant [Luther Wilson], who was a deputy sheriff of the county of Bristol, for the conversion of a parcel of sugars, alleged to be the property of the plaintiffs. At the trial, the facts proved or admitted were as follows.
Read the full summary
This was an action of trover, brought by the plaintiffs [Samuel Meeker and others,] against the defendant [Luther Wilson], who was a deputy sheriff of the county of Bristol, for the conversion of a parcel of sugars, alleged to be the property of the plaintiffs. At the trial, the facts proved or admitted were as follows. Jacob Shoemaker and Charles R. Travers, of Philadelphia, being in failing circumstances, on the 6th of December, 1806, made an assignment of their estate to the plaintiffs for the benefit of their creditors, including, among other things, the cargo on board of the brig Deborah…
1Opinion of the Court
STORY, Circuit Justice.
By the common law, a grant or assignment of goods and chattels is valid between the parties, without actual delivery thereof, and the property passes immediately’ upon the execution of the deed. But as to creditors, the title is not considered as perfect, unless possession accompanies and follows the deed. The want of possession is considered in some of the authorities as an evidence or badge of fraud to be submitted to the jury, but the more modem authorities hold it, as constituting in itself, in point of law, an actual fraud, which renders the transaction, as to…
2Cases cited2 opinions
- Rossiter v. ChesterMichigan Supreme Court · 1843
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Walters & Walker ex rel. Gatewood v. WhitlockSupreme Court of Florida · 1860
- Watson v. WilliamsIndiana Supreme Court · 1835
- Ricker v. CrossSuperior Court of New Hampshire · 1832
- Fall River Iron Works Co. v. Croade & TrusteeMassachusetts Supreme Judicial Court · 1833
- Almy v. WilburU.S. Circuit Court for the District of Rhode Island · 1846
2 more not listed; retrieve them via the Exa API.