Legal Opinion

Hallgarten v. Oldham

Massachusetts Supreme Judicial Court

Decided April 3, 1883PublishedCited by 41 opinions

Replevin of 497 slabs of tin. Writ dated September 29, 1880. The case was submitted to this court on agreed facts, in substance as follows: The plaintiffs at the times hereinafter mentioned were bankers, and one Lissberger was a dealer in metals, all doing business and domiciled in the State of New York.

Read the full summary

Replevin of 497 slabs of tin. Writ dated September 29, 1880. The case was submitted to this court on agreed facts, in substance as follows: The plaintiffs at the times hereinafter mentioned were bankers, and one Lissberger was a dealer in metals, all doing business and domiciled in the State of New York. Lissberger was largely indebted to the plaintiffs for advances of money made in New York; and, as security therefor, the plaintiffs held merchandise, warehouse receipts, and other property, deposited with them in New York by Lissberger. On or about May 8,1880, Lissberger applied to the…

1Opinion of the CourtHolmes, J.

Two questions only are raised: the main one, whether enough had been done to give the plaintiffs a good title as against the attaching creditor; the other, a preliminary inquiry whether the sufficiency for that purpose of what was done is to be determined by the law of Hew York or of Massachusetts. s

To dispose first of the preliminary matter. This case must be governed by the ordinary rules applicable to similar transactions taking place wholly within this State. When a sale, mortgage or pledge of goods within the jurisdiction of a certain state is made elsewhere, it is not only competent,…

2Cases cited19 opinions

  1. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
  2. Casey v. CavarocSupreme Court of the United States · 1878
  3. Green v. Van BuskirkSupreme Court of the United States · 1869
  4. Green v. Van BuskirkSupreme Court of the United States · 1867
  5. Gibson v. StevensSupreme Court of the United States · 1850

14 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Beauchamp v. BertigSupreme Court of Arkansas · 1909
  2. Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
  3. McCoy v. American Express Co.New York Court of Appeals · 1930
  4. Polson v. StewartMassachusetts Supreme Judicial Court · 1897
  5. Conrad v. FisherMissouri Court of Appeals · 1889

36 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API