Preston v. Leighton ex rel. Kelly, Ball & Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city; This is the second appeal in this case, the first being reported in 9 Gill, 201. The action was assumpsit by the appellee against the appellants.- The pleadings and all the facts ill the case are the Same as in the former appeal, with the exception of the additional proof by the defendants, that Rosenthal and Mosher applied for the benefit of the insolvent laws, on the 31st of January 1845, showing by their schedule $9000, of…
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Appeal from the Superior Court of Baltimore city; This is the second appeal in this case, the first being reported in 9 Gill, 201. The action was assumpsit by the appellee against the appellants.- The pleadings and all the facts ill the case are the Same as in the former appeal, with the exception of the additional proof by the defendants, that Rosenthal and Mosher applied for the benefit of the insolvent laws, on the 31st of January 1845, showing by their schedule $9000, of debts due by them, and no property but that sold by the defendants, and that Glenn was duly appointed and bonded…
1Opinion of the CourtTuck, J.
The present record is the same with that on which the former appeal was decided, with the addition of proof that Rosenthal and Mosher applied for the benefit of the insolvent laws, on the 31st of January 1845, and that Glenn was appointed their trustee. 9 Gill, 201. This additional evidence does not vary the law of the case, because by the deeds of January 21st and 25th, 1845, all the interest and title, legal and equitable, of the petitioners, had been conveyed away, and there was nothing as to this property, on which the insolvent laws could operate. Malcolm vs. Hall, 9 Gill, 177. The case…
2Cases cited4 opinions
- Cole v. AlbersCourt of Appeals of Maryland · 1843
- Malcolm v. HallCourt of Appeals of Maryland · 1850
- Taney v. BachtellCourt of Appeals of Maryland · 1850
- Leighton ex rel. Kelly, Ball & Co. v. PrestonCourt of Appeals of Maryland · 1850
3Cited by12 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Loveday v. StateCourt of Appeals of Maryland · 1983
- Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
- Hamilton v. RogersCourt of Appeals of Maryland · 1855
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
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