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Harkness Vs. Russell
Cites for this judgment
- US Supreme Court
- Nov 08, 1886
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U.S. 663 (1886) U.S. Supreme Court Harkness v. RussellSearch
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U.S. 663 (1886) Harkness v. RussellSearch
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The author cites for this proposition Bishop v. StillitoSearch
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Brandt v. BowlbySearch
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Barrow v. ColesSearch
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Swain v. ShepherdSearch
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Mires v. SolebaySearch
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of the buyer, who is to account for any deficiency between the second sale and the first. Such was the case of Lamond v. DavallSearch
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Q.B. 1030, and many more cases could be cited. In Crawcour v. RobertsonSearch
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by his trustee under a liquidation proceeding. The same conclusion was reached in the subsequent case of Crawcour v. SalterSearch
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The following case presents a fair illustration of the English law as based upon the statutes of bankruptcy. In Horn v. BakerSearch
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arising from the possession and apparent order and disposition of the goods. This case was followed in Holroyd v. GwynneSearch
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possession, both as between the parties themselves and as to third persons. Page 118 U. S. 671 In Hussey v. ThorntonSearch
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that the goods could not be attached by the creditors of the vendee. This case was followed in 1822 by that of Marston v. BaldwinSearch
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to be ready to repay the money when he should be requested, and a verdict for the plaintiff was sustained. In Barrett v. PritchardSearch
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to imagine any good reason why this agreement should not bind the parties. . . . The case from Taunton, Holroyd v. GwynnSearch
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treated as his property, and shall be assigned by the commissioners for the benefit of his creditors. The case of Horn v. BakerSearch
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In Coggill v. HartfordSearch
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Page 118 U. S. 673 This case was followed in Sargent v. MetcalfSearch
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Deshon v. BigelowSearch
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Whitney v. EatonSearch
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Hirschorn v. CanneySearch
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Mass. 149, and Chase v. IngallsSearch
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in Connecticut, and was sustained in an able and learned opinion of Chief Justice Williams in the case of Forbes v. MarshSearch
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in which the principal authorities are reviewed. The decision in this case was followed in the subsequent case of Hart v. CarpenterSearch
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opinion in its application to bona fide purchasers from such vendee. As early as 1822, in the case of Haggerty v. PalmerSearch
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appropriated by the assignees before notice of this suit and of injunction, the remedy would have been gone. In Strong v. TaylorSearch
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under the instruction of the court, and was sustained in banc upon the authority of the Massachusetts case of Barrett v. PritchardSearch
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Page 118 U. S. 674 2 Pick. 512. In Herring v. HoppockSearch
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been settled by the previous cases, and the court unanimously concurred in the decision. In the cases of Smith v. LynesSearch
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Seld. (5 N.Y.) 41, and Wait v. GreenSearch
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the original vendor. These cases were reviewed and we think, substantially overruled in the subsequent case of Ballard v. BurgettSearch
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s claim, and subsequent cases in New York are in Page 118 U. S. 675 harmony with this decision. See Cole v. MannSearch
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Bean v. EdgeSearch
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N.Y. 510. We do not perceive that the case of Dows v. KidderSearch
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N.Y. 121, is adverse to the ruling in Ballard v. BurgettSearch
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from the first purchaser was not bound by the equities between him and the plaintiff. The later case of Parker v. BaxterSearch
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N.Y. 586, was precisely similar to Dows v. KidderSearch
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and the same principle was involved in Farwell v. Importers'Search
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to another, shall remain the property of the vendor, shall be valid against third persons without notice. George v. StubbsSearch
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Sawyer v. FisherSearch
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Brown v. HaynesSearch
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Boynton v. LibbySearch
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Rogers v. WhitehouseSearch
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Sargent v. GileSearch
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McFarland v. FarmerSearch
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King v. BatesSearch
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Hefflin v. BellSearch
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Armington v. HoustonSearch
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Fales v. RobertsSearch
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