Legal Opinion

Berger v. Hi-Gear Tire & Auto Supply, Inc.

Court of Appeals of Maryland

Decided April 2, 1970No. [No. 323, September Term, 1969.]PublishedCited by 26 opinions

1Opinion of the CourtSmith, J.

We are here involved with the propriety of the action of a trial judge (Pugh, J.), sitting in equity, in setting aside a deed of trust as a fraud on creditors. We shall affirm the action of the chancellor.

Bernard and Bernice Berger entered the automobile accessory business in the summer of 1965. They did so under a franchise from appellee, Hi-Gear Tire and Auto Supply, Inc. (Hi-Gear). Credit was extended by Hi-Gear. A financial statement was submitted to Hi-Gear signed by Bernard Berger prior to this extension of credit. The business did not prosper. Two stores were opened, one in Montgomery…

2Cases cited10 opinions

  1. Cooke v. CookeCourt of Appeals of Maryland · 1876
  2. Kline v. Inland Rubber Corp.Court of Appeals of Maryland · 1949
  3. Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932
  4. McCauley v. ShockeyCourt of Appeals of Maryland · 1907
  5. Merchants Bank v. PageCourt of Appeals of Maryland · 1925

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3Cited by26 opinions

  1. Haley v. CorcoranDistrict Court, D. Maryland · 2009
  2. Damazo v. WahbyCourt of Appeals of Maryland · 1973
  3. Colandrea v. Colandrea (In Re Colandrea)United States Bankruptcy Court, D. Maryland · 1982
  4. Attorney Grievance Commission v. PakCourt of Appeals of Maryland · 2007
  5. Stratton v. Equitable Bank, N.A.District Court, D. Maryland · 1989

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