Legal Opinion

Peters v. Hilles

Court of Appeals of Maryland

Decided May 2, 1878PublishedCited by 4 opinions

Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. First Exception. — At the trial the plaintiffs offered the two following prayers: 1. That if the jury shall find that the plaintiffs are partners under the name of Hilles, Boyd & Company, and sold the coal mentioned in the evidence to Henry O. Ullrich, and that at the time of such sales the said Ullrich knew that he was insolvent, and had no reasonable expectation of paying for…

Read the full summary

Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. First Exception. — At the trial the plaintiffs offered the two following prayers: 1. That if the jury shall find that the plaintiffs are partners under the name of Hilles, Boyd & Company, and sold the coal mentioned in the evidence to Henry O. Ullrich, and that at the time of such sales the said Ullrich knew that he was insolvent, and had no reasonable expectation of paying for the same,, and that the plaintiffs hold in their possession the notes mentioned in the evidence, and tendered the return…

1Opinion of the CourtStewart, J.

Under a contract of purchase, Henry C. Ullrich received from the appellees a quantity of coal. The appellees treating the purchase as fraudulent and void, and that no title to the coal had passed from them, (Powell, et al. vs. Bradlee & Co., 9 G. & J., 278,) brought this action of replevin for the remainder of the coal, unsold by Ullrich, against the appellant, to whom Ullrich had assigned all his property for the benefit of his creditors.

*512(Decided 2nd May, 1878.)

Exceptions were taken to the granting of the plaintiffs’, and the refusal of the defendant’s prayers.

The exception to the…

2Cases cited1 opinion

  1. Powell v. Josiah Bradlee & Co.Court of Appeals of Maryland · 1837

3Cited by4 opinions

  1. Edelhoff & Rinke v. Horner-Miller Mfg. Co.Court of Appeals of Maryland · 1898
  2. Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
  3. Diggs v. DennyCourt of Appeals of Maryland · 1897
  4. Syracuse Knitting Co. v. BlanchardSupreme Court of New Hampshire · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API