Union Manufacturing, Co. v. Pitkin
Supreme Court of Connecticut
This was an action on the case against Eli Pitkin, an ófficer, who had attached property in a suit brought by the plaintiffs against one Levi McKeet The cause was tried at Hartford, January term, 184]y before Church, J. On the trial, it was admitted, that the plaintiffs had attached the goods described in their declaration, as the sole property of McKee; that the defendant was the officer who served the writ of attachment; that the plaintiffs eventually obtained a judgment…
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This was an action on the case against Eli Pitkin, an ófficer, who had attached property in a suit brought by the plaintiffs against one Levi McKeet The cause was tried at Hartford, January term, 184]y before Church, J. On the trial, it was admitted, that the plaintiffs had attached the goods described in their declaration, as the sole property of McKee; that the defendant was the officer who served the writ of attachment; that the plaintiffs eventually obtained a judgment and execution in the suit; that a legal demand had been made of the defendant, as the attaching officer, for the goods so…
1Opinion of the Court
Williams, Ch. J.
We cannot look at this case without seeing that entire justice has been done between these parties. The first attaching creditor, who abandoned his lien in compliance with an award which was intended to make him the owner of the goods, and whose debt, according to the award, would have absorbed them, is now, as receipter, in possession of them, and claims a right to hold them under the release from McKee; the plaintiffs having abandoned their lien on the goods, at least for a time, by the withdrawal of their suit. The parties are now placed just where they would have been, had…
2Cases cited2 opinions
- Davidson v. MurphySupreme Court of Connecticut · 1839
- Peck v. SillSupreme Court of Connecticut · 1819
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