Legal Opinion

Gardner v. Lewis

Court of Appeals of Maryland

Decided December 15, 1848PublishedCited by 20 opinions

Appeal from Baltimore county court. This was an action of trover, instituted by the appellee, as permanent trustee of William Holton, Sen., on the 29th of July 1845, against the appellant, to recover certain goods and promissory notes, the property of Holton, the insolvent. The defendant pleaded not guilty, upon which issue was joined. At the trial, the plaintiff gave in evidence, the record of Holton’s application, for the benefit of the insolvent laws.

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Appeal from Baltimore county court. This was an action of trover, instituted by the appellee, as permanent trustee of William Holton, Sen., on the 29th of July 1845, against the appellant, to recover certain goods and promissory notes, the property of Holton, the insolvent. The defendant pleaded not guilty, upon which issue was joined. At the trial, the plaintiff gave in evidence, the record of Holton’s application, for the benefit of the insolvent laws. (By this record it appears, that the application was made on the 12th of June 1845, and that the plaintiff was regularly-appointed his…

1Opinion of the CourtMagrgder, J.

The appellee in this case was appointed permanent trustee of William Holton, Sen., an insolvent debtor, on the 14th June 1845, and on the 29th July of the same year, instituted this action in Baltimore county court. It is an action of trover, brought to recover the value of goods and promissory notes, which, it is alleged, are the property of the appellee, and had been converted, by the appellant, to his own use. There was a verdict for the appellee, and the record contains exceptions, by the appellant, to two instructions given by the court, at the instance of the appellee, and because of a…

2Cases cited4 opinions

  1. Davis v. CalvertCourt of Appeals of Maryland · 1833
  2. Davis v. Jacquin & PomeraitCourt of Appeals of Maryland · 1820
  3. Kolb v. WhitelyCourt of Appeals of Maryland · 1831
  4. Plater v. ScottCourt of Appeals of Maryland · 1834

3Cited by20 opinions

  1. Haney v. MarshallCourt of Appeals of Maryland · 1856
  2. Baltimore & Ohio Rail Road v. GlennCourt of Appeals of Maryland · 1868
  3. Thos. Wilson & Co. v. Thos. J. Carson & Co.Court of Appeals of Maryland · 1858
  4. Schaferman v. O'BrienCourt of Appeals of Maryland · 1868
  5. Thomas v. TrieberCourt of Appeals of Maryland · 1852

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