Green v. Van Buskirk
United States Supreme Court
72 U.S. (5 Wall.) 307, 18 L. Ed. 599, 74 U.S. (7 Wall.) 139, 19 L. Ed. 109 (1866, 1868)
Bates, Van Buskirk, and Green were all citizens of New York. Van Buskirk and Green were creditors of Bates. Bates gave Van Buskirk a chattel mortgage on iron safes that were in Illinois. Two days later, without knowledge of the chattel mortgage, Green sued on a writ of attachment in Illinois for the iron safes, levied on the safes, and then had the safes sold to satisfy the judgment in the attachment suit. The Illinois suit was not contested by Van Buskirk, who was not a party to that suit but who could have made an appearance and contested Green’s right to levy on the iron safes. Under Illinois law, chattel mortgages are void against third parties unless and until they are acknowledged and recorded—neither of which occurred. Thereafter, Van Buskirk sued Green in a New York state court for the value of the iron safes mortgaged to Van Buskirk by Bates. The New York court ruled for Van Buskirk and held that New York law—not Illinois law—governed, even though the iron safes were in Illinois, because New York was the domicile of the owner of the iron safes at the time the conflicting claims to the safes originated. The New York court held that title to the iron safes passed to Van Buskirk by execution of the chattel mortgage. The New York appellate courts affirmed. Green asserted a constitutional issue under the Full Faith and Credit Clause and appealed to the United States Supreme Court.
Rule of Law
Holding and Reasoning (Miller, J.)
Dissent (Nelson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 711,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 711,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.