O'brien v. Norris, Caldwell & Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued on the 30th of September 1854, by the appellants against Turner and Barker, their non-resident debtors, trading under the firm of I. N. Turner & Co., returnable on the second Monday of January following, and returned, “Attached as per schedule — goods sold under order of court.”
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Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued on the 30th of September 1854, by the appellants against Turner and Barker, their non-resident debtors, trading under the firm of I. N. Turner & Co., returnable on the second Monday of January following, and returned, “Attached as per schedule — goods sold under order of court.” On the 15th of January 1855, during the same term, the appellees filed their claim to certain of the goods mentioned in the schedule annexed to the return, and to the proceeds thereof in the hands of the sheriff, and resisted condemnation…
1Opinion of the Court
Bartol, J,,
delivered the opinion of this court:
The fund in controversy is the proceeds arising from the sale of certain goods, taken under an attachment, at the suit of the appellants against Isaac N. Turner, their non-resident debtor. To this fund, the appellees filed their claim, upon the ground that, as vendors of the goods to Turner, they had the right to stop them in transitu.
If the right of stoppage in transitu existed in the appellees, at the time the attachment was laid, and when their claim was filed; then, in the judgment of this court, their right could not be defeated or impaired…
2Cases cited2 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Rogers v. ThomasSupreme Court of Connecticut · 1849
3Cited by16 opinions
- Plumb v. CurtisSupreme Court of Connecticut · 1895
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Morris v. ShryockMississippi Supreme Court · 1874
- More, Reynolds & Co. v. LottNevada Supreme Court · 1878
- Skilling v. BollmanSupreme Court of Missouri · 1881
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