Avery v. Hackley
Supreme Court of the United States
Error to the Circuit Court for the Western District of Michigan.. Avery, assignee of Blake, a bankrupt, brought trover in the court below against Hackley & Co. to recover the value of certain saw-logs, alleging that they had been transferred by the bankrupt' to the said .Hackley & Co. in fraud of the Bankrupt Act. . The ease, as found by the court on a waiver of a jury, was thus: Hackley & Co. were owners of saw-mills and engaged in sawing logs, and so making boards from…
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Error to the Circuit Court for the Western District of Michigan.. Avery, assignee of Blake, a bankrupt, brought trover in the court below against Hackley & Co. to recover the value of certain saw-logs, alleging that they had been transferred by the bankrupt' to the said .Hackley & Co. in fraud of the Bankrupt Act. . The ease, as found by the court on a waiver of a jury, was thus: Hackley & Co. were owners of saw-mills and engaged in sawing logs, and so making boards from them. Blake was a lumberman without capital, and engaged in buying logs and bringing them to saw-mills to be thus sawed…
1Opinion of the Court
Mr.'Justice DAVIS
delivered the opinion of the court.
If the contract of Jauuary 25th, 1868, was never surrendered or abandoned-it .is manifest that the defendants ac'quired an interest in and lien upon .the log's furnished by Blake to the extent of the advances made by them. There could'be, therefore, on the theory that the contract of'the 25th of January was subsisting, no ground for the maintenance of this action. It is said, .however, that the defendants lost their rights under this contract by what occurred and was done subsequently to its execution.
It is undeniable that before the…
2Cases cited1 opinion
- Hoyt v. DimonSupreme Court of Connecticut · 1813
3Cited by6 opinions
- The Robert W. ParsonsSupreme Court of the United States · 1903
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Fitch v. AmsdenSupreme Court of Vermont · 1897
- The Robert W. ParsonsSupreme Court of the United States · 1903
- Carr v. SummerfieldWest Virginia Supreme Court · 1899
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