Chew v. Bank of Baltimore
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. The bill in this case, filed in the court of chancery, on the 15th of February 1849, by the appellants, against the appellee and one Chew Schnebly, alleges, that a writ de lunático inquirendo issued out of the court of chancery, under which, on inquisition taken on the 9th of June 1845, the complainant, Lowman Chew, was found to be a lunatic without lucid intervals, and to have been in the same state of lunacy from his…
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Appeal from the Circuit Court for Baltimore City. The bill in this case, filed in the court of chancery, on the 15th of February 1849, by the appellants, against the appellee and one Chew Schnebly, alleges, that a writ de lunático inquirendo issued out of the court of chancery, under which, on inquisition taken on the 9th of June 1845, the complainant, Lowman Chew, was found to be a lunatic without lucid intervals, and to have been in the same state of lunacy from his nativity; that under these proceedings the complainant, Golds-borough, was duly appointed the committee of his person and…
1Opinion of the CourtTuck, J.
This is a very important case, as well on account of the doctrines of equity governing the afFairs of persons of unsound mind, as because, by their application at this time, loss must fall on one of two innocent parties, in consequence of the fraudulent conduct of another, who took advantage of the mental imbecility of the complainant, to whom, as well by legal duty as by his unfortunate condition, he was placed in loco parentis.
The material facts are as follows: Samuel Chew loft real and personal estate, and an only child, the complainant, who is shown to have been of unsound mind from his…
2Cases cited1 opinion
- Key's Lessee v. DavisCourt of Appeals of Maryland · 1851
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