State ex rel. Williams v. Williams
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of debt, brought on the 20th of September 1847, by Susan Williams, the appellant, upon the bond ,of the appellee, George H. Williams, as trustee of George Williams, an insolvent debtor. The said insolvent obtained his personal discharge from one of the judges of the orphans .court of Harford county, on the 19th of December 1843, and the trustee’s bond was executed the same day.
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Appeal from Baltimore county court. This was an action of debt, brought on the 20th of September 1847, by Susan Williams, the appellant, upon the bond ,of the appellee, George H. Williams, as trustee of George Williams, an insolvent debtor. The said insolvent obtained his personal discharge from one of the judges of the orphans .court of Harford county, on the 19th of December 1843, and the trustee’s bond was executed the same day. To the replication charging various breaches the defendants filed numerous rejoinders, the third of which only is material to this appeal. This rejoinder in…
1Opinion of the Court
Mason, J.,
delivered the opinión of this court.
It is conceded by counsel upon both sides, that the only matter now before this court upon appeal is the overruling of the appellant’s demurrer to the third rejoinder of the appellee.
The demurrer to the rejoinder aforesaid presents this question for the determination of this court, namely, whether a creditor of an insolvent debtor can maintain an action upon the trustee’s bond for alleged misconduct, neglect or fraud in the administration of the insolvent’s estate, while proceedings are pending before the proper tribunal for the purpose of…
2Cited by2 opinions
- In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870
- State ex rel. D. W. Moore & Co. v. MayughCourt of Appeals of Maryland · 1859