Colbert v. Baetjer
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendants from a judgment in an action of replevin. The Court in its opinion stated the case as follows: This is a suit in replevin, instituted by the appellees, Hermann Baetjer and Ludwig Meyerstein, as plaintiffs in the court below, to recover 350 barrels of cement, of the alleged value of $927.50, which came into the hands of the appellants, Michael J. Colbert and J. Nota McGill, defendants in the court below, as assignees of one William C.…
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Hearing on an appeal by the defendants from a judgment in an action of replevin. The Court in its opinion stated the case as follows: This is a suit in replevin, instituted by the appellees, Hermann Baetjer and Ludwig Meyerstein, as plaintiffs in the court below, to recover 350 barrels of cement, of the alleged value of $927.50, which came into the hands of the appellants, Michael J. Colbert and J. Nota McGill, defendants in the court below, as assignees of one William C. Lewis, under a voluntary deed of assignment to them for the benefit of creditors, and which the plaintiffs claimed under a…
1Opinion of the CourtJustice Morris
The question in the case is, whether the bill of sale relied upon by the appellees was fraudulent and void as against the claim of the assignees. The argument is, that the assignees represent, not only the debtor or assignor, but likewise the creditors; and are therefore to be regarded as bona fide purchasers for value.
Probably by this bill of sale the appellees merely sought in good faith to secure the payment of their own claim against William C. Lewis & Co. in the disaster which they saw to be impending over that firm; and it may be assumed that there was no intentional fraud in it. But…
2Cases cited24 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Casey v. CavarocSupreme Court of the United States · 1878
- Bank v. KennedySupreme Court of the United States · 1873
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
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3Cited by1 opinion
- Barlow v. LanglandsDistrict of Columbia Court of Appeals · 1955