Legal Opinion · Dissent

Gaither v. Stockbridge

Court of Appeals of Maryland

Decided April 22, 1887Published

Appeal from the ,Circuit Court of Baltimore City. Thomas H. Gaither on the 1st of December, 1886, filed bis petition in the case of the Bank of Monroe, doing a banking business in the City of Rochester, in the State of New York, against the Duffy Malt Whiskey Company of Baltimore City, a corporation under the laws of Maryland.

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Appeal from the ,Circuit Court of Baltimore City. Thomas H. Gaither on the 1st of December, 1886, filed bis petition in the case of the Bank of Monroe, doing a banking business in the City of Rochester, in the State of New York, against the Duffy Malt Whiskey Company of Baltimore City, a corporation under the laws of Maryland. The petitioner prayed the Court to pass an order directing Henry Stockbridge the receiver, to pay to him $1250.00, a quarterly instalment of rent due and payable on the said 1st of December, 1886, out of the proceeds of sale of property of the defendant, in the hands of…

1Dissent

Bryan, J.,

filed the following dissenting opinion :

I shall consider the questions which are discussed in the opinion of the majority of the Court. My meaning will he made clearer by a statement of the- material facts of the case. The Bank of Monroe filed a general creditors’ bill against the Duffy Malt Whiskey Company of Baltimore City, a body politic and corporate. The bill alleged that the defendant was utterly insolvent, and prayed that a receiver might be appointed to take charge of its assets, and wind up its business and make distribution among its creditors, under the order and…

2Cases cited5 opinions

  1. Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
  2. Commonwealth v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1874
  3. Martin v. BlackNew York Court of Chancery · 1842
  4. Carter & Carter v. Hammett & BalchNew York Supreme Court · 1851
  5. Horwitz v. DavisCourt of Appeals of Maryland · 1860

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