Citation : STEVENSON v. PEMBERTON, 1 U.S. 3 (1760)
Facts of the Case
Background: The case involved a dispute over a quantity of rum consigned by a debtor (C) in the West Indies to the defendant (Pemberton) to secure payment of debts
Details: The debtor sent the rum with instructions to sell it and apply the proceeds to his debts
Before the sale, the plaintiff (Stevenson), a creditor of the debtor, brought a foreign attachment against the debtor and attached the rum in Pemberton’s possession
Issues of the Case
Main Issue: Whether Pemberton should retain the rum to satisfy his own debt or if the property remained with the debtor, making it subject to the attachment by Stevenson
Plantiff
Stevenson: A creditor of the debtor (C), who sought to attach the rum in Pemberton’s possession to satisfy his debt
Defendant
Pemberton: The party in possession of the rum, who argued that the rum was a security for his debt and that he was a trustee for himself and other creditors
Court which Decided the Case
Supreme Court of Pennsylvania: The case was decided during the April Term of 1760
Judgement
Judgement: The court ruled in favor of the defendant, Pemberton
The judgement stated: “This Rum appears to have been sent to satisfy P’s Debt If it had been Money, there could have been no doubt but the Defendant would have retained it And the only difference is that a Commodity was sent which must be converted into Money, before the Sum to be paid to P could be ascertained, but, as to P’s interest in it, the Case was the same”. Therefore judgment, by the whole Court, was given for the Defendant
About the Author
