Brown v. Minturn
U.S. Circuit Court for the District of Rhode Island
At law. This was an action on the case,. to recover the amount of certain notes made by the defendants [Brown and Ives] and endorsed to the plaintiffs [Minturn and Champlin]. There was a plea in abatement and issue thereon, arising under the state laws of Rhode Island, in which the sole question was, whether the goods, attached in the suit, were, at the time of the attachment, the property of the defendants or not. [Verdict for defendants.] Upon the trial of the cause, it…
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At law. This was an action on the case,. to recover the amount of certain notes made by the defendants [Brown and Ives] and endorsed to the plaintiffs [Minturn and Champlin]. There was a plea in abatement and issue thereon, arising under the state laws of Rhode Island, in which the sole question was, whether the goods, attached in the suit, were, at the time of the attachment, the property of the defendants or not. [Verdict for defendants.] Upon the trial of the cause, it appeared in evidence, that the goods attached were the schooner Sally and cargo, which had arrived at Newport from Canton.…
1Opinion of the CourtStory, Circuit Justice
(after summing up the evidence to the jury). Upon this evidence it does seem to me that, if it is believed, there is not the slightest imputation of fraud in the transaction. The assignment was made for a meritorious purpose, to secure the payment of the debts of bonae fidaei creditors. Every debtor has a legal right to assign property for the security of the debts due by him; and so far from such an act being reprehended by the law, it is justified and approved. It is argued, however, that in point of law the assignment was fraudulent, because the creditors were not originally parties to the…
2Cases cited4 opinions
- Whittemore v. CutterU.S. Circuit Court for the District of Massachusetts · 1813
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Lippincott v. BarkerSupreme Court of Pennsylvania · 1809
- Vredenbergh v. WhiteNew York Supreme Court · 1799
3Cited by11 opinions
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Jones v. DoughertySupreme Court of Georgia · 1851
- United States Bank v. HuthCourt of Appeals of Kentucky · 1844
- Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
- Cook v. RogersMichigan Supreme Court · 1875
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