Thissell v. Page

Massachusetts Supreme Judicial Court

Thissell v. Page

77 Mass. 394

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 394 (Thissell v. Page) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thissell v. Page, 77 Mass. 394 (Mass. 1858).

Pincite

Opinion

By the Court.

The sale of the chattel was good without actual delivery, as between vendor and vendee, and vested a good title in the plaintiff. Parsons v. Dickinson, 11 Pick. 352. If it was void as against creditors, this was special matter of defence, not arising upon any allegation in the declaration, and should therefore, under the practice act, have been set forth in the answer. St. 1852, c. 312, § 18. The defendant, not having stated in his answer that he was an officer and had made an attachment, had no right to set up that the sale was fraudulent as against creditors. jExceptions overruled.

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By the Court.

The sale of the chattel was good without actual delivery, as between vendor and vendee, and vested a good title in the plaintiff. Parsons v. Dickinson, 11 Pick. 352. If it was void as against creditors, this was special matter of defence, not arising upon any allegation in the declaration, and should therefore, under the practice act, have been set forth in the answer. St. 1852, c. 312, § 18. The defendant, not having stated in his answer that he was an officer and had made an attachment, had no right to set up that the sale was fraudulent as against creditors. jExceptions overruled.

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Bluebook (online)

77 Mass. 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thissell-v-page-mass-1858.