Legal Opinion

Kerr v. Union Bank

Court of Appeals of Maryland

Decided June 19, 1862Published

Appear from tho Equity side of the Superior Court of Baltimore City. A bill for an interpleader, was filed by the appellee against the appellant and John Glenn, in the court of chancery, August 4th, 1849, and asking for an injunction restraining the defendant, Kerr, from prosecuting his action of trover to recover damages for the conversion of certain promissory notes held by the bank, and also to restrain the defendant, Glenn, as permanent. trustee of Edward M. Kerr, from…

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Appear from tho Equity side of the Superior Court of Baltimore City. A bill for an interpleader, was filed by the appellee against the appellant and John Glenn, in the court of chancery, August 4th, 1849, and asking for an injunction restraining the defendant, Kerr, from prosecuting his action of trover to recover damages for the conversion of certain promissory notes held by the bank, and also to restrain the defendant, Glenn, as permanent. trustee of Edward M. Kerr, from prosecuting or commencing any proceeding against the bank, in reference to said notes. The grounds upon which the…

1Opinion of the Court

Goldsboróúgh, L,

delivered the opinion of this court.

The appeal in this case was taken from a decree of the Superior court of Baltimore city, sitting in equity, by which the appellant was perpetually enjoined from prosecuting an action of trover, instituted in Baltimore county court oti the 28th day of April 1847, against the appellee, to recover damages *401for the conversion of certain promissory notes claimed by the appellant under an assignment from one Edward M. Kerr, and which being demanded, the appellee refused to deliver up.

The bill of complaint of the appellee alleges as an excuse for…

2Cases cited4 opinions

  1. Hammond's Lessee v. InloesCourt of Appeals of Maryland · 1853
  2. Badeau v. Rogers & SecordNew York Court of Chancery · 1830
  3. Glenn v. GillCourt of Appeals of Maryland · 1852
  4. Union Bank v. KerrCourt of Appeals of Maryland · 1854

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