Albert v. Winn
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 14th of September 1846, Johns Hopkins and others, creditors of Samuel Jones, filed a bill in chancery against said Jones, the appellants, Albert and wife, and one- Michael S. Norman, alleging that Jones who had been trading under the name of Talbot Jones Sp Co., was indebted to the complainants and others, in the large sum of $200,000, whilst the whole of his assets did not amount to more than $100,000; that being thus hopelessly…
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Appeal from the Court of Chancery. On the 14th of September 1846, Johns Hopkins and others, creditors of Samuel Jones, filed a bill in chancery against said Jones, the appellants, Albert and wife, and one- Michael S. Norman, alleging that Jones who had been trading under the name of Talbot Jones Sp Co., was indebted to the complainants and others, in the large sum of $200,000, whilst the whole of his assets did not amount to more than $100,000; that being thus hopelessly insolvent,-and knowing himself to be so, and having no reasonable expectation of being exempt from liability or execution,…
1Dissent
Magruder J.,
dissented and delivered the following opinion :
In determining any question which can properly arise upon this appeal, it is certainly not necessary to inquire what would llave been the equities' of these parties, and in what forum these equities must have been adjusted, if Samuel Jones, one of the appellants, had not become an applicant for the benefit ©four insolvent laws: Although if no such appl ication had been made, or if, notwithstanding such application, such of the insolvent’s creditors as had judgments or liens upon his property, were still at liberty to proceed, in our…
2Cases cited1 opinion
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
3Cited by12 opinions
- Dunnock v. DunnockHigh Court of Chancery of Maryland · 1852
- Preston v. PoeCourt of Appeals of Maryland · 1911
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
- Withers v. DenmeadCourt of Appeals of Maryland · 1864
- Whiting v. ShipleyCourt of Appeals of Maryland · 1915
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