Chesapeake & Ohio Canal Co. v. Blair
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellee was, for some years prior to 1861, the owner of certain coupon bonds of the Chesapeake and Ohio Canal Company, commonly known as Preferred Bonds. In the early part of the late war being necessarily separated from his wife, Judeth C. Blair, he committed these bonds to her for safe-keeping.
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Appeal from the Circuit Court of Baltimore City. The appellee was, for some years prior to 1861, the owner of certain coupon bonds of the Chesapeake and Ohio Canal Company, commonly known as Preferred Bonds. In the early part of the late war being necessarily separated from his wife, Judeth C. Blair, he committed these bonds to her for safe-keeping. The interest on them was regularly collected from the State of Virginia, as guarantor, up to January, 1865. In April, 1865, Mrs. Blair was residing upon the plantation of Lewis E. Harvie, in Amelia County, Virginia. At the time of the evacuation…
1Opinion of the CourtAlvey, J.
There is no question in this case as to the ownership and loss of the bonds. The proof as to those facts is full and complete. There are two questions presented by the record. 1st, Whether the State is a necessary party defendant; and, 2dly, Whether such relief can be granted as was decreed by the Court below.
1. We think the State was not a necessary party defendant. It is admitted that bonds, such as those described in the appellee’s bill, were issued and sold by the Chesapeake and Ohio Canal Company; and that such bonds were included among those authorized to be issued under the Act of…
2Cases cited8 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Murray v. LardnerSupreme Court of the United States · 1865
- Aurora City v. WestSupreme Court of the United States · 1869
- Mercer County v. HacketSupreme Court of the United States · 1864
- Thomson v. Lee CountySupreme Court of the United States · 1866
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- People ex rel. Manhattan Savings Institution v. OtisNew York Supreme Court · 1881