Horwitz v. Ellinger
Court of Appeals of Maryland
Appeals from the Superior Court of Baltimore City. At tlio trial below, the plaintiff offered the following' prayers: 1. If the jury find from the evidence, that the defendants as bankers, did on the morning of April 2d, 1867, receive from the plaintiff on deposit, the money, for the recovery of which this suit is instituted, and at the time of so receiving it, were insolvent, and knew themselves to be so, and had no reasonable expectation of being able to repay the said…
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Appeals from the Superior Court of Baltimore City. At tlio trial below, the plaintiff offered the following' prayers: 1. If the jury find from the evidence, that the defendants as bankers, did on the morning of April 2d, 1867, receive from the plaintiff on deposit, the money, for the recovery of which this suit is instituted, and at the time of so receiving it, were insolvent, and knew themselves to be so, and had no reasonable expectation of being able to repay the said money, when the same might thereafter be called for in the course of business, and shall find said condition of insolvency…
1Opinion of the CourtAlvey, J.
Prior $o, and on the 2d of April, 1867, James E. Purvis *501and James E. Purvis, Jr., under the firm style of Parvis & Co., were doing business in the city of Baltimore as bankers, and on that day (the 2d of April, 1867,) the appellee, being one of the customers of the house, deposited with it, in the usual way, the sum of $5,335.22. This deposit was made shortly after 1 o’clock, and was subject to a small check that had been drawn by the depositor some few hours before, and which, being paid, reduced the appellee’s credit to $5,101.88, the amount sued for in this case.
At the usual hour, on the…
2Cited by16 opinions
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Suburban Trust Co. v. WallerCourt of Special Appeals of Maryland · 1979
- Butler v. TilghmanCourt of Appeals of Maryland · 1998
- Whedbee v. StewartCourt of Appeals of Maryland · 1874
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