Legal Opinion

President of the Union Bank v. Kerr

High Court of Chancery of Maryland

Decided December 15, 1849PublishedCited by 7 opinions

[The bill in this case was filed on the 4th of August, 1849, by the Union Bank, and states, that on the 25th of July, 1846, Edward M. Kerr, assigned to the bank, as collateral security for all his liabilities to, it, certain promissory notes, a list of which, together with the assignment, is filed with the bill.

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[The bill in this case was filed on the 4th of August, 1849, by the Union Bank, and states, that on the 25th of July, 1846, Edward M. Kerr, assigned to the bank, as collateral security for all his liabilities to, it, certain promissory notes, a list of which, together with the assignment, is filed with the bill. That the bank proceeded to collect said notes and apply the proceeds to discharge said liability, which was effected in the month of December, 1846. That a portion of said notes remained in the possession of the bank uncollected. That on the 21st of August, 1846, said Edward M. Kerr…

1Opinion of the Court

The Chancellor:

This case is brought before this court, upon the petition of the defendant, Kerr, to compel the plaintiffs to elect between this suit and an appeal prosecuted by them to the Court of Appeals, from a judgment rendered in favor of the petitioner, by Baltimore County Court, in a certain action of assumpsit, instituted by the petitioner, in that court, against the plaintiffs, on the 28th of April, 1847, and in which action, a verdict and judgment had been rendered in favor of the petitioner, before the present bill was filed.

The bill in this case, which was filed on the 4th of…

2Cited by7 opinions

  1. Phillips v. TaylorCourt of Appeals of Maryland · 1925
  2. Home Life Insurance v. Caulk Bros.Court of Appeals of Maryland · 1897
  3. Gonia v. O'BrionMassachusetts Supreme Judicial Court · 1916
  4. Chas. H. Steffey, Inc. v. American Bank Stationery Co.Court of Appeals of Maryland · 1931
  5. Rasst v. MorrisCourt of Appeals of Maryland · 1918

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