Legal Opinion

Riley v. First National Bank

Court of Appeals of Maryland

Decided March 26, 1895PublishedCited by 16 opinions

Appeal from an order of the Circuit Court for Baltimore County, in insolvency, passed on January 9, 1895, overruling exceptions to an Auditor’s Account, which distributes the assets of the insolvent firm of J. J. Nicholson & Sons among its creditors prorata, and rejects the appellants’ claim of a priority.

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Appeal from an order of the Circuit Court for Baltimore County, in insolvency, passed on January 9, 1895, overruling exceptions to an Auditor’s Account, which distributes the assets of the insolvent firm of J. J. Nicholson & Sons among its creditors prorata, and rejects the appellants’ claim of a priority. The late firm of J. J. Nicholson & Sons consisted of Johns H. R. Nicholson and Andrew J. Nicholson, and was dissolved by the death of Andrew, on January 5, 1892. On that day and for sometime prior thereto the said firm, and each member thereof, was insolvent. On January 14, 1892, J. H. R.…

1Opinion of the CourtRoberts, J.

Some of the preliminary stages of this -controversy will be found to have received consideration in the case of Riley v. Carter and Aiken, trustees, reported in 76 Md. 581. In that case, the decree was neither affirmed nor reversed, but the case was remanded for further proceedings under Art. 5, sec. 36 of the Code, in accordance with the views of this Court therein expressed. After the case had been remanded the Circuit Court of Baltimore City overruled the demurrer to the bill of complaint, and the defendants therein answered the same. At this juncture the counsel for plaintiffs filed…

2Cases cited5 opinions

  1. Parr v. State ex rel. CockeyCourt of Appeals of Maryland · 1889
  2. Buschman v. HannaCourt of Appeals of Maryland · 1889
  3. Riley v. CarterCourt of Appeals of Maryland · 1893
  4. Wagoner v. WagonerCourt of Appeals of Maryland · 1892
  5. Wiswell v. StarrSupreme Judicial Court of Maine · 1862

3Cited by16 opinions

  1. Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
  2. The Berry Will CaseCourt of Appeals of Maryland · 1901
  3. Reddick v. StateCourt of Appeals of Maryland · 1957
  4. Bounds v. NuttleCourt of Appeals of Maryland · 1943
  5. Rody v. DoyleCourt of Appeals of Maryland · 1942

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