Legal Opinion

Bartlet v. Prince

Massachusetts Supreme Judicial Court

Decided November 15, 1812PublishedCited by 3 opinions

Trover for sundiy goods, wares, and merchandise. Upon the general issue of not guilty pleaded and joined, a trial being had before Sewall, J., at the sittings here after the last November term, the defendants filed their bill of exceptions, at common law, to the opinion and direction of the judge who sat in the trial.

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Trover for sundiy goods, wares, and merchandise. Upon the general issue of not guilty pleaded and joined, a trial being had before Sewall, J., at the sittings here after the last November term, the defendants filed their bill of exceptions, at common law, to the opinion and direction of the judge who sat in the trial. From the bill of exceptions, it appears that the plaintiff, to maintain the issue on his part, proved that the chattels mentioned in the declaration were, on the 4th of June, 1810, the property of T. Wellman and B. Ropes; that, on that day, sundry writs of attachment, directed…

1Opinion of the Court

* But the Court stopped them, saying they were all agreed that the plaintiff was entitled to judgment on the verdict. The Chief' Justice observed that he had always conceived that by insolvency, in the acts of Congress, was to be understood some overt and notorious act, which the laws of the state recognize as an insolvency, (a)

Judgment on the verdict.

{a) [Prince vs. Bartlet, S. C. in Error, 8 Cranch, 431.— United States vs. Hooe, 3 Cranch, 91. — M'Lean vs. Rankin, 3 Johns. Rep. 370.— Watkins vs. Otis, 2 Pick. 88. — Canard vs. The Atlantic Ins. Co., 1 Peters's R. S. C. 438.— Thellusson vs.…

2Cases cited3 opinions

  1. Prince v. BartlettSupreme Court of the United States · 1814
  2. Farmers & Mechanics' Bank of Pennsylvania v. SmithSupreme Court of the United States · 1821
  3. Garey v. Union BankU.S. Circuit Court for the District of District of Columbia · 1826

3Cited by3 opinions

  1. Cabot v. HaskinnMassachusetts Supreme Judicial Court · 1825
  2. Commonwealth v. President of the Phœnix BankMassachusetts Supreme Judicial Court · 1846
  3. Watkins v. OtisMassachusetts Supreme Judicial Court · 1824

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