Brooks v. Thomas
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this case was filed on the 15th of October 1850, by Brooks, as permanent trustee of Thomas, an insolvent debtor, to set aside certain alleged preferences made by the insolvent to Jerome.
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Appeal from the Court of Chancery. The bill in this case was filed on the 15th of October 1850, by Brooks, as permanent trustee of Thomas, an insolvent debtor, to set aside certain alleged preferences made by the insolvent to Jerome. The proceedings show that Thomas and one Childress commenced business as grocers in the city of Baltimore, in September 1817, and carried it on till March 1818, when they dissolved, and Childress retired, taking with him the capital which [he put in, about $600, and his share of a small estimated profit. No cash capital was furnished by Thomas, but he brought…
1Opinion of the CourtMason, J.
’The questions presented on this appeal arise under the act of 1834, oh. 293, sec. 1, and are. firs!,, whether, when Thomas *372made the transfer to Jerome, the defendant, he did so in contemplation of insolvency, or that at the time he “had no reasonable expectation of being exempted from liability or execution for or on account of his debts, without applying for the benefit of the insolvent laws?” and secondly, if so, whether Jerome “had notice of the condition of insolvency as aforesaid of said debtor?” Unless these two circumstances are established, the deed in question, as to the party…
2Cases cited2 opinions
- Cole v. AlbersCourt of Appeals of Maryland · 1843
- Jones v. BeltCourt of Appeals of Maryland · 1844
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