Gott v. State ex rel. Barnard
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This is an action brought in the name of the State for the use of George W. Barnard against William H. H. Adkisson and the appellant, upon a bond given by Adkisson to the State, conditioned for the performance of his duties as trustee, under a decree of the Circuit Court of Baltimore City, by which decree he was appointed trustee to make sale of certain property owned partly by the equitable plaintiff.
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Appeal from the Superior Court of Baltimore City. This is an action brought in the name of the State for the use of George W. Barnard against William H. H. Adkisson and the appellant, upon a bond given by Adkisson to the State, conditioned for the performance of his duties as trustee, under a decree of the Circuit Court of Baltimore City, by which decree he was appointed trustee to make sale of certain property owned partly by the equitable plaintiff. By the decree the terms of sale were to be “one-fourth cash, one-fourth in six, one-fourth in twelve, and one-fourth in eighteen months, or all…
1Opinion of the CourtStewart, J.
The substantial questions involved in this case are, whether there was any breach of duty, on the part of the trustee, to the damage of the equitable plaintiff, which entitles him to a recovery against his surety, Gott, one of the defendants, and if so, whether under the pleadings and proofs in the cause, he can recover the same.
Sundry points as to the pleadings, admissibility of evidence, instructions of the Court, and regularity of the judgment rendered on the verdict, are presented for review, and will be disposed of in their order.
The plaintiff declared on the bond of Adkisson, as…
2Cases cited11 opinions
- Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
- Freaner v. YinglingCourt of Appeals of Maryland · 1873
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- Oberndorff v. Union BankCourt of Appeals of Maryland · 1869
- Hayes v. WellsCourt of Appeals of Maryland · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McShane v. Howard BankCourt of Appeals of Maryland · 1890
- Lichtenberg v. JoyceCourt of Appeals of Maryland · 1944
- Wallace v. SchaubCourt of Appeals of Maryland · 1895
- Lake v. ThomasCourt of Appeals of Maryland · 1897
- Lapp v. StantonCourt of Appeals of Maryland · 1911
16 more not listed; retrieve them via the Exa API.