Farmers & Mechanics Bank v. Wayman
Court of Appeals of Maryland
Aiteai. from the Court of Chancery. The bill in this cause was filed by the appellees on the 6th August, 1841, and alleged, that by an order of the Chancellor of the 20th January, 1826, and passed in a cause in this court depending, wherein one Samuel Jones of Joshua, since deceased, and Anne his wife, were complainants, and your present orators, as trustees and executors of the last will of one Larkin Shipley, deceased, were defendants, your present orators were directed…
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Aiteai. from the Court of Chancery. The bill in this cause was filed by the appellees on the 6th August, 1841, and alleged, that by an order of the Chancellor of the 20th January, 1826, and passed in a cause in this court depending, wherein one Samuel Jones of Joshua, since deceased, and Anne his wife, were complainants, and your present orators, as trustees and executors of the last will of one Larkin Shipley, deceased, were defendants, your present orators were directed and required, unless cause should be shown to the contrary, as thereby allowed, to invest a certain sum of money at that…
1Opinion of the CourtArcher, C. J.
The complainant, Wayman, one of the trustees, having received large sums of money for the purpose of repairing the injury which the trust estate has sustained in the transfer of the stock belonging to the trust estate, and being thus, himself, liable to account with the trust estate, for the moneys thus by him received, could not as a complainant be entitled to a decree without such accounting.
The authorities cited establish the power of the court to cause him to assume a different position in the controversy, and that he might be made a defendant instead of a plaintiff, that justice between…
2Cited by7 opinions
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
- Stewart v. Firemen's InsuranceCourt of Appeals of Maryland · 1880
- Noel v. NoelCourt of Appeals of Maryland · 1937
- Johnson v. WebsterCourt of Appeals of Maryland · 1935
- Winter v. Montgomery Gas-Light Co.Supreme Court of Alabama · 1889
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