Marston v. Coburn
Massachusetts Supreme Judicial Court
Replevin for certain goods. Plea, property in one James Kimoall; and avowry for a return, that the defendant, a deputy sheriff, &c., attached the goods upon mesne process, at the suit of Messrs, jReed Of Sail against Kimball. Replication, that the property was in the plaintiffs, and issue thereon.
Read the full summary
Replevin for certain goods. Plea, property in one James Kimoall; and avowry for a return, that the defendant, a deputy sheriff, &c., attached the goods upon mesne process, at the suit of Messrs, jReed Of Sail against Kimball. Replication, that the property was in the plaintiffs, and issue thereon. This issue was tried at the last April term in Ipswich before Putnam, J. The plaintiffs claimed as assignees of James Kimball, in virtue of an assignment to them made on Saturday, the 26th of February, 1820, of all his stock in trade, whether at home or abroad; all his debts, whether by notes or…
1Opinion of the CourtWilde, J.
This case depends on the conflicting claims of the creditors of one James Kimball, an insolvent debtor; each one seeking security and satisfaction of his debt from the goods and effects of the debtor, The plaintiffs claim as trustees for sundry creditors, by virtue of an assignment made to them on the 26th of February, 1820; and if that assignment was valid at the time of its execution, so as to pass the property to the trustees, their title must prevail; as the attachment, under which the defendant claims, was not made until the first of March following.
Two objections have been made to this…
2Cited by3 opinions
- Hussey v. FreemanMassachusetts Supreme Judicial Court · 1813
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- Eagle Bank v. ChapinMassachusetts Supreme Judicial Court · 1825