Gill v. Carmine
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The appellee instituted this suit to recover from the appellants for work done and materials furnished by him as a plumber and gas fitter, at their request and by their order and direction. The record in this case shows that Michael Roche, a builder, in 1877, executed to the appellants a deed in trust of all his estate and property for the benefit of his creditors.
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Appeal from the Court of Common Pleas. The appellee instituted this suit to recover from the appellants for work done and materials furnished by him as a plumber and gas fitter, at their request and by their order and direction. The record in this case shows that Michael Roche, a builder, in 1877, executed to the appellants a deed in trust of all his estate and property for the benefit of his creditors. As appears from the deed, there were certain houses unfinished conveyed to the appellants, the completion of which, Roche declared in the deed, would greatly swell his assets, hut which he was…
1Opinion of the CourtAlvey, J.
Under the instructions of the Court, given in the terms of the second prayer of the plaintiff, and the sixth prayer *342of the defendants, as modified by the Court, we must assume that the jury found that the work and materials furnished for the completion of the buildings, for which this suit was brought, were furnished upon the order and request of the defendants, and that there was no agreement on the part of the plaintiff to look to the trust estate alone for payment. That the contract was with the defendants is not denied; the only question is, whether the credit was given exclusively to the…
2Cases cited1 opinion
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
3Cited by15 opinions
- Boyle v. RiderCourt of Appeals of Maryland · 1920
- Cullinan v. Mercantile Trust Co.California Court of Appeal · 1926
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
- Knipp v. BagbyCourt of Appeals of Maryland · 1915
- Jones v. BurgessCourt of Appeals of Maryland · 1939
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