Wheeler v. Sumner
U.S. Circuit Court for the District of Massachusetts
Trespass for taking and attaching the brig Fair American. Plea,- as to force and arms, not guilty: 2. As to residue of trespass, that the defendant [Charles P. Sumner], as sheriff of the county of Suffolk, attached the vessel as the property of Jonathan Bartlett. Replication, traversing that the vessel was the property of Jonathan Bartlett at the time of the attachment. Issue on the traverse.
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Trespass for taking and attaching the brig Fair American. Plea,- as to force and arms, not guilty: 2. As to residue of trespass, that the defendant [Charles P. Sumner], as sheriff of the county of Suffolk, attached the vessel as the property of Jonathan Bartlett. Replication, traversing that the vessel was the property of Jonathan Bartlett at the time of the attachment. Issue on the traverse. At the trial it appeared in evidence, that Jonathan Bartlett was, on the 7th of April, 1826, the owner of the brig Fair American, and being indebted to certain persons, on that day made an assignment to…
1Opinion of the Court
STORY, Circuit Justice,
after summing up the facts, proceeded as follows. The principal question in this case is, whether the assignment is bona fide, or fraudulent- as to creditors. If bona fide and for a valuable consideration, then, though it may fail as to all the other preferred creditors, yet it is good to protect the plaintiff to the extent of his liability for his indorsement of the note of 200 dollars. And if so, then the property in the brig Fair American passed by the assignment and bill of sale, and the plaintiff is entitled to recover. For this is not like the case of a foreign…
2Cited by6 opinions
- Stevens v. BellMassachusetts Supreme Judicial Court · 1810
- Vredenbergh v. WhiteNew York Supreme Court · 1799
- Cole v. The BrandtDistrict Court, S.D. New York · 1841
- Crapo v. KellySupreme Court of the United States · 1873
- Crapo v. KellySupreme Court of the United States · 1873
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