Lanfear v. Sumner
Massachusetts Supreme Judicial Court
Trover for the conversion of one hundred chests of young hyson, and fifty chests of hyson tea, averred to be the property of the plaintiff.
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Trover for the conversion of one hundred chests of young hyson, and fifty chests of hyson tea, averred to be the property of the plaintiff. Trial on the general issue, before the chief justice, November term, 1819. The plaintiff, to prove his property, produced in evidence the following paper:—“For value received, I hereby assign and set over to Ambrose Lanfear, and to his assigns, one hundred'chests of young hyson tea, and fifty chests of hyson tea, shipped at Canton, by Benjamin C. Wilcocks, on board of the ship Osprey, Capt. Brown, bound to Boston, being my property and consigned to me.…
1Opinion of the CourtJackson, J.
Considering this case in the most favorable view for the plaintiff, it is the case of two creditors, each endeavoring to secure his debt out of the same fund. Neither party had notice of the measures adopted by the other; but each was using his diligence fairly, for the purpose of obtaining payment of a just debt. The question is, Which acquired the pest legal title ? In this statement of the case, we consider Messrs. Wilson &f Co., for whom the plaintiff was agent, as the real plaintiffs, and the Messrs. Perkins &f Co., who caused the attachment to be made, as the real defendants.
The…
2Cases cited5 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
- Putnam v. DutchMassachusetts Supreme Judicial Court · 1811
- Burnham v. Savings Bank for StraffordSuperior Court of New Hampshire · 1832
3Cited by8 opinions
- Bridgham v. HindsSupreme Judicial Court of Maine · 1921
- Armstrong v. GilchristNew York Supreme Court · 1800
- Porter v. PattersonSupreme Court of Pennsylvania · 1851
- Williams v. MerrittIllinois Supreme Court · 1860
- Peaks v. SmithSupreme Judicial Court of Maine · 1908
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