Plater v. Scott
Court of Appeals of Maryland
Appeal from Saint Mary’s county court. This was an action for money had and received, instituted by the appellant against the appellee, on the 17th February, 1829. Issue was joined upon the plea of non-assumpsit.
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Appeal from Saint Mary’s county court. This was an action for money had and received, instituted by the appellant against the appellee, on the 17th February, 1829. Issue was joined upon the plea of non-assumpsit. At the trial the plaintiff proved, that the late John R. Plater (who was guardian to the plaintiff during his minority, which terminated in 1817) received from the board of commissioners, appointed to distribute the fund paid to the United States, by virtue of the provisions of the convention of 1826, commonly called Gallatin’s Convention, the sum of about $3000, in the year 1828, as…
1Opinion of the CourtArcher, J.
We are of opinion, that the court erred in submitting to the jury the question of the legality of Plater’s discharge under the insolvent laws.
Under the circumstances detailed in the bill of exceptions, the sufficiency of Plater’s discharge was a mixed question of law and fact.
The right of the permanent trustee of Plater to the funds in controversy, arising from the treaty with Great Britain, cannot we think be well questioned.
As all claims of the insolvent, are transferred by the insolvent laws to the trustee, we conceive the term claim, sufficiently extensive and comprehensive, to embrace…
2Cited by2 opinions
- Gardner v. LewisCourt of Appeals of Maryland · 1848
- Brooks v. AhrensCourt of Appeals of Maryland · 1888