Reese v. Bank of Commerce
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. The bill in this case, filed on the 17th of November 1855, by the Bank of Commerce against the appellants, alleges that Francis M. and Henry F. Baughman were owners of sixty, and Jacob F. Kridler of thirty-two, shares of its capital stock; that the defendant, Fisher, on the 4th of December 1854, presented to the cashier of the bank a power of attorney from the Baughmans, accompanied by the certificate for the stock for the…
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Appeal from the Circuit Court for Baltimore City. The bill in this case, filed on the 17th of November 1855, by the Bank of Commerce against the appellants, alleges that Francis M. and Henry F. Baughman were owners of sixty, and Jacob F. Kridler of thirty-two, shares of its capital stock; that the defendant, Fisher, on the 4th of December 1854, presented to the cashier of the bank a power of attorney from the Baughmans, accompanied by the certificate for the stock for the transfer to the defendant, Reese, of forty shares of stock, but the bank declined to allow the transfer to be made' until…
1Opinion of the CourtTuck, J.
It is not denied, on the part of the appellants, that the bank has a lien on stock for the payment of debts of stockholders; but it is insisted, 1st, that the lien in this case was waived by the form of the certificate: and 2nd. that if not *281Waived, the lien does not attach to balances due for overdrafts on checks, nor to notes or bills on which the stockholder may be a party as maker or indorser, not due at the time the transfer may be demanded.
The first of these positions must be determined against the appellants upon the authority of Farmers Bank of Md. vs. Iglehart, 6 Gill, 50. That…
2Cases cited5 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Boyd v. McCannCourt of Appeals of Maryland · 1856
- Hall v. United States InsuranceCourt of Appeals of Maryland · 1847
- Farmers Bank v. IglehartCourt of Appeals of Maryland · 1847
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- Hammond v. HastingsSupreme Court of the United States · 1890
- Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
- Peoples Bank v. Exchange BankSupreme Court of Georgia · 1902
- Real Estate Trust Co. v. BirdCourt of Appeals of Maryland · 1899
- Aldine Manufacturing Co. v. PhillipsMichigan Supreme Court · 1898
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