Legal Opinion

Miller, Mayhew & Co. v. Cumberland Cotton Factory

Court of Appeals of Maryland

Decided March 12, 1867PublishedCited by 5 opinions

Appeal from the Circuit Court for Allegany county. This appeal was taken by the petitioners in the Court below, from an order of said Court, ( Weise'l, J.,) dismissing their petition, which prayed for the appointment of a receiver under the Acts of 1847, ch. 228, and 1852, ch. 229, to take charge of the affairs of the Cumberland Cotton Factory, and to enforce the lien to which they claimed to he entitled under said Acts, against certain personal property, which, at the time…

Read the full summary

Appeal from the Circuit Court for Allegany county. This appeal was taken by the petitioners in the Court below, from an order of said Court, ( Weise'l, J.,) dismissing their petition, which prayed for the appointment of a receiver under the Acts of 1847, ch. 228, and 1852, ch. 229, to take charge of the affairs of the Cumberland Cotton Factory, and to enforce the lien to which they claimed to he entitled under said Acts, against certain personal property, which, at the time said lien attached, was the property of said factory, but had been since sold to the co-defendants of said Cotton…

1Opinion of the CourtBowie, C. J.

This appeal presents the question, whether the appellants are entitled to a lien, and the remedies for its satisfaction, prescribed by the Act of 1847, ch. 228, and its supplements.

The appellants, merchants of the city of Baltimore, furnished cotton in hales to the appellees, “The Cumberland Cotton Factory," in the year 1856, amounting to §1,269.34, which being unpaid, they filed their petition in the Court "below claiming a lien, and praying . the appointment of a receiver. They charge that at the time they furnished the eitton, the company was the owner of, and in possession of *491'«certain…

2Cases cited2 opinions

  1. Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
  2. Frazier v. WarfieldCourt of Appeals of Maryland · 1859

3Cited by5 opinions

  1. Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1916
  2. Mayor of Hagerstown v. LittletonCourt of Appeals of Maryland · 1923
  3. Overton v. HarringtonCourt of Appeals of Maryland · 1915
  4. Gephart v. StarrettCourt of Appeals of Maryland · 1878
  5. Hicks v. Consolidation Coal Co.Court of Appeals of Maryland · 1893

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

Powered by the Exa API