Shoemaker v. National Mechanics' Bank
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from an order of the Court refusing to grant an injunction. The facts are sufficiently detailed in the opinion of the Court. The .loans made by the individual defendants, directors and officers of the bank, being ultra vires and in violation of the charter of the bank, were void, and the securities taken therefor were void, and the bank acquired no title to the securities taken for such loans.
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Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from an order of the Court refusing to grant an injunction. The facts are sufficiently detailed in the opinion of the Court. The .loans made by the individual defendants, directors and officers of the bank, being ultra vires and in violation of the charter of the bank, were void, and the securities taken therefor were void, and the bank acquired no title to the securities taken for such loans. Albert and Wife vs. Savings Bank, 2 Md., 160; Beach vs. Fulton Bank, 3 Wendell, 583 ; Life Ins. Co. vs. Mechanics’ Ins.…
1Opinion of the CourtRobinson, J.
No principle is better established, than that the granting or refusing of a writ of injunction, is a matter resting in the sound discretion of the Court.
It is the duty of a party making application for it, not only to make a full and candid disclosure of all the facts of his case, but also to produce if in his power, strong *399primd facie evidence, in support of the averments, upon which his alleged equity rests.
Thus it has been repeatedly held, that the mere oath of a party to the existence of a debt, of which he holds in his possession the written evidence, but which he fails to produce or to…
2Cases cited5 opinions
- Nave v. BairdIndiana Supreme Court · 1859
- President of Maryland Hospital v. ForemanCourt of Appeals of Maryland · 1868
- State v. JohnstonGeneral Court of Virginia · 1786
- Trumbo v. BlizzardCourt of Appeals of Maryland · 1833
- Marshall v. McPhersonCourt of Appeals of Maryland · 1836
3Cited by10 opinions
- State Department of Health & Mental Hygiene v. Baltimore CountyCourt of Appeals of Maryland · 1977
- Mayor of Baltimore v. WeatherbyCourt of Appeals of Maryland · 1879
- Nagengast v. AlzCourt of Appeals of Maryland · 1901
- Baltimore Skate Manufacturing Co. v. RandallCourt of Appeals of Maryland · 1910
- United German Bank v. KatzCourt of Appeals of Maryland · 1881
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