Harris v. Alcock
Court of Appeals of Maryland
Appeals from the equity side of Baltimore county court. On the 12th October, 1836, John W. Harris and William Chauncey filed their bill, alleging that at January term of said court, Benjamin Brady confessed a judgment in favour of Richard E. Alcock, in a certain fictitious action of assumpsit, instituted on the same day on which said judgment was confessed, for the purpose of obtaining tbe same by filing a declaration by consent of parties without issuing any process: that…
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Appeals from the equity side of Baltimore county court. On the 12th October, 1836, John W. Harris and William Chauncey filed their bill, alleging that at January term of said court, Benjamin Brady confessed a judgment in favour of Richard E. Alcock, in a certain fictitious action of assumpsit, instituted on the same day on which said judgment was confessed, for the purpose of obtaining tbe same by filing a declaration by consent of parties without issuing any process: that the declaration in the said action was for money had and received, and upon a promissory note for $20,000, but your…
1Opinion of the CourtDorsey, Judge
The case of Harris and Chauncey vs. Alcock, and Chapman and Erskine vs. the same defendant, resting for the most part on the same questions of law and fact, and under the opinion of the court sharing the same fate, they will be considered and disposed of together, as if forming but one case, The question which, in its natural order, first presents itself, is, did the property in the merchandise mentioned in the complainants’ bill, as sold to Brady, pass out of the complainants, under the circumstances attending the sale ?
It is insisted that it did not, upon two grounds.
First, because Alcock…
2Cases cited2 opinions
- VENABLE AND M'DONALD v. the Bank of the United StatesSupreme Court of the United States · 1829
- Rudd v. SchlatterCourt of Appeals of Kentucky · 1822
3Cited by19 opinions
- Jordan v. ReynoldsCourt of Appeals of Maryland · 1907
- Cole v. AlbersCourt of Appeals of Maryland · 1843
- Johnson v. PhillipsCourt of Appeals of Maryland · 1923
- Thomas Roberts & Co. v. RobinsonCourt of Appeals of Maryland · 1922
- Morton v. GrafflinCourt of Appeals of Maryland · 1888
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