Ogden & Thomas v. Jackson
New York Supreme Court
THIS was an action of trover. At the New-Yo'rk, sittings, on the 15th of December, 1804, a verdict was ta^cen f°r the plaintiffs, by consent of counsel, subject to the ppinion of the court on the following case : s W. & D. J. Cummings, the bankrupts, in the month of August, 1803, before any act of bankruptcy had been. committed by them, shipped a quantity of rice and other artic^es’t0 t^e*r correspondents at Cape Francois for sale and returns.
Read the full summary
THIS was an action of trover. At the New-Yo'rk, sittings, on the 15th of December, 1804, a verdict was ta^cen f°r the plaintiffs, by consent of counsel, subject to the ppinion of the court on the following case : s W. & D. J. Cummings, the bankrupts, in the month of August, 1803, before any act of bankruptcy had been. committed by them, shipped a quantity of rice and other artic^es’t0 t^e*r correspondents at Cape Francois for sale and returns. On the 14th November, 1803, they assigned the original bill of lading, and invoice of the goods so shipped, indorsing the same in the following words:…
1Opinion of the CourtSpencer, J.
From the manner in which this case is presented, we are unable to perceive that a jury has passed on the question, whether the assignment was made in contemplation of an act of bankruptcy, ike. and to give a preference to individual creditors ?
I shall therefore, now assume the question to be, whether the facts stated in the case were in point of law, such as would warrant a jury in inferring the assignment to have been made with those views.
The defendant can be considered in no other light than a voluntary agent for the creditor, T. Cummings, with respect to whom, it does not appear that he…
2Cited by7 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Gilbert v. PriestNew York Supreme Court · 1873
- Hahn v. SalmonUnited States Circuit Court · 1884
- Ashby v. SteereU.S. Circuit Court for the District of Rhode Island · 1846
- Gilbert v. PriestNew York Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.