Malcom v. Hall
High Court of Chancery of Maryland
[This case was commenced on the equity side of Baltimore County Court, and removed to this court. The bill stated, that on the 30th April, 1847, Henry Keene, of Baltimore city, being in insolvent circumstances, and in contemplation of applying for the benefit of the insolvent laws, assigned, by deed of that date, all his property, of every description, to the defendant, to be by him applied to the payment of the insolvent’s debts ; first deducting therefrom a commission of…
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[This case was commenced on the equity side of Baltimore County Court, and removed to this court. The bill stated, that on the 30th April, 1847, Henry Keene, of Baltimore city, being in insolvent circumstances, and in contemplation of applying for the benefit of the insolvent laws, assigned, by deed of that date, all his property, of every description, to the defendant, to be by him applied to the payment of the insolvent’s debts ; first deducting therefrom a commission of eight per cent, for himself, and his expenses. That, on the 7th of May, following, Keene applied for, and obtained, the…
1Opinion of the Court
The Chano ellor:
It has been settled by the highest authority in this state, that a debtor in failing circumstances may prefer one creditor to another, by a transfer of his property, made in good faith ; and that in similar circumstances, a transfer by a debtor of his whole estate to trustees, for the equal benefit of his creditors, is free from objection. State of Maryland vs. Bank of Maryland, 6 G. & J., 205.
Although, however, a debtor may prefer one of his creditors, to the exclusion of the rest, either by payment, or a bona fide transfer of his property, according to the provisions of the…
2Cases cited4 opinions
- State v. President of the Bank of MarylandCourt of Appeals of Maryland · 1834
- Hickley v. President of the Farmers & Merchants' BankCourt of Appeals of Maryland · 1833
- Crawfords v. TaylorCourt of Appeals of Maryland · 1834
- Dulaney v. HoffmanCourt of Appeals of Maryland · 1835