Legal Opinion

Neptune Insurance v. Montell

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 2 opinions

Appeal from Baltimore county court. This was a proceeding by attachment, on warrant instituted originally by the intestate of the appellee, on the 15th of October, 1840, to recover the sum of $3,177.20, alleged to be due him by Moses J. Moses.

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Appeal from Baltimore county court. This was a proceeding by attachment, on warrant instituted originally by the intestate of the appellee, on the 15th of October, 1840, to recover the sum of $3,177.20, alleged to be due him by Moses J. Moses. The plaintiff, in his affidavit before the justice who issued the warrant, swears that a certain Moses J. Moses, not being a citizen of the State of Maryland, is justly and bona fide indebted unto him, the said George Hughler, in the sum of $3,177.20, over and above all discounts, and that the said Moses J. Moses is not a citizen of the State of…

1Opinion of the CourtMagruder, J.

In this case an attachment was laid by a creditor of the defendant, in the hands of a person who certainly had been indebted to the defendant. It is said that the defendant, previously to the issuing of this attachment, had transferred this claim to another person. There is, however, no proof of any such assignment or transfer being recorded.

The only question is, whether the terms used in the act of 1834, comprehend choses in action ? This question, we think, was decided by this court in a case on the Eastern Shore, (Massey vs. Hesson and Hanlan,) decided June term. 1845. The garnishee was…

2Cases cited1 opinion

  1. Ferrall v. KentCourt of Appeals of Maryland · 1846

3Cited by2 opinions

  1. Lanasa v. BeggsCourt of Appeals of Maryland · 1930
  2. Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860

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