Ormsby v. Dearborn
Cases that cite this one
10 later published cases cite this decision.
- Smith v. Greenfield State Bank (Cal. Ct. App. 1963)
- Washburn v. Rainier (Appellate Division of the Supreme Court of New York 1912)
- In re Kenyon (District Court, S.D. Ohio 1907)
- W. W. Bierce, Ltd. v. Hutchins (Haw. 1905)
- In re Hildebrant (District Court, N.D. New York 1903)
- White v. White (Vt. 1896)
- Miller v. Hyde (Mass. 1894)
- Riley v. Hale (Mass. 1893)
- Equitable Co-Operative Foundry Co. v. Hersee (New York Supreme Court 1884)
- Seavey v. Potter (Mass. 1876)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The goods replevied were delivered by the plaintiffs to Friselle, and the issue in the case was, whether they were sold to him, or intrusted to him as the plaintiffs’ agent. Friselle having been adjudicated a bankrupt, his assignee defends this action for the benefit of his creditors. It appeared at the trial that the plaintiffs have proved an account against the estate of the bankrupt, which account includes the price of the goods replevied, as goods sold and delivered to him.
The remedy thus elected by the plaintiffs is utterly inconsistent with their claim in this suit. The two cannot stand together. If they could, the plaintiffs might receive the whole or a part of the price of the goods under the proceedings in bankruptcy, and by this suit regain and hold the goods themselves.
As the plaintiffs have elected to prove their debt for the price of the goods, and have not withdrawn the proof before this suit was brought, the learned judge who presided at the trial should
Exceptions sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.