Frazier v. Fredericks
Supreme Court of New Jersey
W. Aspinwall, of Philadelphia, made, on the 9th August, XS5X, in Pennsylvania, a general assignment to the plaintiff for the benefit of his creditors. On the 16th of August, 1851, the Camden and Philadelphia Ferry Company issued a writ of attachment out of the Circuit Court of the county of Camden against Aspinwall, as a nonresident debtor, under which the steamboat “ B,” lying at the company’s wharf in' the city of Camden, was attached.
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W. Aspinwall, of Philadelphia, made, on the 9th August, XS5X, in Pennsylvania, a general assignment to the plaintiff for the benefit of his creditors. On the 16th of August, 1851, the Camden and Philadelphia Ferry Company issued a writ of attachment out of the Circuit Court of the county of Camden against Aspinwall, as a nonresident debtor, under which the steamboat “ B,” lying at the company’s wharf in' the city of Camden, was attached. The boat was subsequently sold under an order of the court. The defendant, after notice that the property was in the assignee, purchased the vessel. An…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
The general principle is fully and unequivocally settled, that personal property is transferable according to the law of the country where the owner is domiciled. A transfer of personal property, therefore, good by the law of the owner’s domicil, or by the law of the place where it is made, is valid wherever the property may be situate. Story on Conf. of Laws, § 383, 384; 2 Kent’s Com. 454; Varnum v. Camp, 1 Green 329.
The general principle is not universally true, but is subject to several exceptions. The necessary intercourse of mankind…
2Cases cited2 opinions
- Clow v. WoodsSupreme Court of Pennsylvania · 1819
- Mitchell v. WillockSupreme Court of Pennsylvania · 1841