Kerchner v. Kempton
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Ferdinand Kerchner and Sydney Kempton were partners-, until the latter part of 1875, when Kerchner filed a bill in the Circuit Court for a dissolution of the firm, and for the appointment of a receiver.
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Appeal from the Circuit Court of Baltimore City. Ferdinand Kerchner and Sydney Kempton were partners-, until the latter part of 1875, when Kerchner filed a bill in the Circuit Court for a dissolution of the firm, and for the appointment of a receiver. The bill charged that Kempton had withdrawn money from the firm and misappropriated it, having invested some of it in a house and furniture, in his wife’s name, and that this had been done to such an extent, that the-firm had been rendered unable to pay its debts. The bill sought to compel Kempton to replace the firm’s, money, and to follow that…
1Opinion of the CourtBowie, J.
The Circuit Court of Baltimore City by its decree, dated the 17th of May, 1877, adjudged and decreed “that the exceptions to the ratification of the sale filed by the next friend of Rebecca Kempton, be ruled good and sustained for the reasons and cause therein specified.” It further decreed, that the sale therein reported be set aside, and “ the decree for the sale thereof under which the same was professed to have been made, is thereby annulled and set aside with costs.”
From this decree the complainant below appealed. Although in form exceptions to the ratification of the sale, the…
2Cases cited4 opinions
- Griffith v. ClarkeCourt of Appeals of Maryland · 1862
- Warner v. DoveCourt of Appeals of Maryland · 1871
- Brown v. Kemper ex rel. KolbeCourt of Appeals of Maryland · 1867
- Lyles v. HattonCourt of Appeals of Maryland · 1834
3Cited by4 opinions
- Alleghany Corp. v. Aldebaran Corp.Court of Appeals of Maryland · 1938
- Vollum v. BeallCourt of Appeals of Maryland · 1912
- Ferdon v. MillerNew Jersey Court of Chancery · 1881
- Linnenkemper v. KemptonCourt of Appeals of Maryland · 1882