Legal Opinion

Gaither v. Stockbridge

Court of Appeals of Maryland

Decided April 22, 1887PublishedCited by 47 opinions

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…

1Opinion of the CourtAlvey, C. J.

There are two questions presented on this appeal: 1st, Whether the receiver became assignee of the term created by the lease from the appellant to The Duffy Malt Whiskey Company of the warehouse and premises occupied by that -Company at the time of the appointment of the receiver, so as to make him liable for the rent that became due and payable on the 1st of Dec., 1886; and, 2d, If the receiver has not become such assignee or tenant, and as such liable for the rent, whether the appellant had any such preferred lien or charge, for the accruing rent, upon the goods and •chattels of the lessee…

2Cases cited9 opinions

  1. Booth v. ClarkSupreme Court of the United States · 1855
  2. Longstreth v. PennockSupreme Court of the United States · 1875
  3. Martin v. BlackNew York Court of Chancery · 1842
  4. Buckey v. SnoufferCourt of Appeals of Maryland · 1856
  5. Ellicott v. United States InsuranceCourt of Appeals of Maryland · 1848

4 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
  2. Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
  3. Tatlebaum v. Pantex Manufacturing Corp.Court of Appeals of Maryland · 1954
  4. Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
  5. Tradesman Publishing Co. v. Car Wheel Co.Tennessee Supreme Court · 1895

42 more not listed; retrieve them via the Exa API.

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