Kunkel v. Markell
Court of Appeals of Maryland
Appeal from the Equity side of the Circuit Court for Frederick county. The bill in this case was filed September 21st, 1860, by the appellees against the appellant, and alleges that Markell and Kunkel being responsible as sureties for Francis Thomas, for certain debts due by Thomas to divers persons, the said Thomas, to secure them, the said Markell and Kunkel, therefor, on the 21st of February, 1853, assigned and delivered to Kunkel in trust, three single bills of one M. P.…
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Appeal from the Equity side of the Circuit Court for Frederick county. The bill in this case was filed September 21st, 1860, by the appellees against the appellant, and alleges that Markell and Kunkel being responsible as sureties for Francis Thomas, for certain debts due by Thomas to divers persons, the said Thomas, to secure them, the said Markell and Kunkel, therefor, on the 21st of February, 1853, assigned and delivered to Kunkel in trust, three single bills of one M. P. O’Hearn, and as declaratory of such trust took from Kunkel this receipt: “Received, Frederick, February 21st, 1853, of…
1Opinion of the CourtWeisel, J.
The three single bills mentioned in the receipt of Jacob M. Kunkel to Francis Thomas, dated February 21st, 1853, and set out in the hill in this case, passed into the hands of said Kunkel, who agreed with said Thomas to apply the proceeds to the expenses and debts of Thomas specified therein, and in the order therein stated. Whatever remained resulted to said Thomas, increased by the payment of any of said debts from other sources. This assignment to Kunkel was an absolute one, for the purposes expressed in the receipt.
The mortgagees in the three mortgages exhibited with the bill, who were…
2Cases cited9 opinions
- Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
- Peters v. Van LearCourt of Appeals of Maryland · 1846
- Young v. LyonsCourt of Appeals of Maryland · 1849
- Chalmers v. ChambersCourt of Appeals of Maryland · 1823
- Thomas v. MasonCourt of Appeals of Maryland · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Chappell v. FunkCourt of Appeals of Maryland · 1882
- Darcey v. BayneCourt of Appeals of Maryland · 1907
- Roth v. StuerkenCourt of Appeals of Maryland · 1914
- West Arlington Land Co. v. FlanneryCourt of Appeals of Maryland · 1911