Inloes v. American Exchange Bank
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Attachment on judgment sued out by the appellee to affect the property and credits of Turnbull & Co., and laid in the hands of the appellant, as garnishee, who appeared and pleaded nulla bona. The defence relied on was a deed of trust for the benefit of creditors, executed by Turnbull “ Third.
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Appeal from the Superior Court of Baltimore city. Attachment on judgment sued out by the appellee to affect the property and credits of Turnbull & Co., and laid in the hands of the appellant, as garnishee, who appeared and pleaded nulla bona. The defence relied on was a deed of trust for the benefit of creditors, executed by Turnbull “ Third. It is hereby declared, as part of the trust of these presents, that said Inloes, his executors or administrators, shall, at his discretion, sell as aforesaid, all, or any part or parts, of said goods, wares, merchandise, chattels and effects, by public…
1Opinion of the CourtTuck, J.
When this deed was before the court on the former appeal—7 Md. Rep., 380—it was declared void in law, for matter apparent on its face; and tire cause was sent back under a procedendo. At the second trial, the defendant, now appellant, offered evidence that the clause, in reference to which this court had expressed its opinion, was inserted for the benefit of the creditors, in order to prevent loss, and that sales at auction would have produced less than was realized from the gradual sales in the usual way of carrying on the business of the grantors. The object being to remove the objection…
2Cases cited4 opinions
- Armstrong v. Risteau's LesseeCourt of Appeals of Maryland · 1853
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
3Cited by20 opinions
- Bell v. StateCourt of Appeals of Maryland · 1881
- Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
- Polk v. PendletonCourt of Appeals of Maryland · 1869
- State v. HopkinsMontana Supreme Court · 1923
- Smith v. BeasleySupreme Court of North Carolina · 1979
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