Pettibone v. Phelps
Supreme Court of Connecticut
This was an action of trover; tried at Litchfield, August term, 3 839, before Sherman, J. On the trial, the plaintiffs claimed title to the articles of property mentioned in the declaration, by virtue of a conditional bill of sale from Nathaniel Stevens to them, dated the 6th of February, 1838, given to secure certain claims therein specified and referred to, one of which was a note for 800 dollars, from Stevens to E. Grove Lawrence, one of the plaintiffs.
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This was an action of trover; tried at Litchfield, August term, 3 839, before Sherman, J. On the trial, the plaintiffs claimed title to the articles of property mentioned in the declaration, by virtue of a conditional bill of sale from Nathaniel Stevens to them, dated the 6th of February, 1838, given to secure certain claims therein specified and referred to, one of which was a note for 800 dollars, from Stevens to E. Grove Lawrence, one of the plaintiffs. The defendants were creditors of Stevens, and had taken the same goods, by virtue of attachments against him, issued and served after the…
1Opinion of the CourtWaite, J.
The goods in question were formerly the property of Nathaniel Stevens, from whom the plaintiffs and defendants respectively derive their titles ; the former by a bill of sale, the latter as attaching creditors.
The defendants claimed, that the bill of sale, so far as it related to the interest conveyed to Lawrence, one of the plaintiffs, was fraudulent and void as against the defendants. One question was, what effect that circumstance, if proved, would have upon the case. The court instructed the jury, that if such were the case, the plaintiffs could not recover, although they had no…
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