Swift v. Thompson
Supreme Court of Connecticut
This was an action of trover for certain; articles of machinery used in a cotton manufactory» The cause was tried at Brooklyn, October term, 1830, before Williams, J. Both parties claimed title to the property under deeds from Charles Lee.
Read the full summary
This was an action of trover for certain; articles of machinery used in a cotton manufactory» The cause was tried at Brooklyn, October term, 1830, before Williams, J. Both parties claimed title to the property under deeds from Charles Lee. The defendant having indorsed sundry notes for Lee, to the amount of 9,660 dollars, payable at the New-London Bank, Lee, to secure the defendant, on the 7th of A ugust, 18¾9, executed a mortgage to him of three pieces of land on the Willimantic Falls, in Windham, “ with a cotton manufactory and all the machinery of every description thereunto belonging.”…
1Opinion of the CourtDaggett, J.
There were two principal questions raised and discussed at the bar, and decided by the judge at the circuit, and which are now to be examined.
1. Was the property described personal or real ? The judge 'declared it to be personal. If any part of it be real, it is very clear, that no recovery can be had for such part. I think the decision of the judge thus far correct. It consisted of various ' articles of machinery belonging to a manufactory of cotton doth; which, with their connexion with the building, are particularly described in the motion. Beyond a doubt these articles are in no-respect…
2Cases cited8 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Bostwick v. LeachSupreme Court of Connecticut · 1809
- Astor v. WellsSupreme Court of the United States · 1819
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ferguson v. SmazerSupreme Court of Connecticut · 1963
- Weeden v. HawesSupreme Court of Connecticut · 1834
- Smith v. VincentSupreme Court of Connecticut · 1842
- Bell v. Kendall & Co.Supreme Court of Alabama · 1890
- Davis v. DunkleeSuperior Court of New Hampshire · 1838
2 more not listed; retrieve them via the Exa API.