Banks v. McClellan
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city sitting-in equity. The bill of complaint of Eliza A. McClellan, (the appellee,) filed the 1st of July, 1859, sets forth as follows : In May, 1841, William McClellan applied to Daniel B. Banks, the appellant, for a loan of $1,500, to which Banks would assent only upon the terms that it should be taken in fifteen shares of Gas Company stock, the par value of which was $100 a share, but which was then worth in the market only $90…
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Appeal from the Superior Court of Baltimore city sitting-in equity. The bill of complaint of Eliza A. McClellan, (the appellee,) filed the 1st of July, 1859, sets forth as follows : In May, 1841, William McClellan applied to Daniel B. Banks, the appellant, for a loan of $1,500, to which Banks would assent only upon the terms that it should be taken in fifteen shares of Gas Company stock, the par value of which was $100 a share, but which was then worth in the market only $90 a share, or $1,350, less broker’s commissions. As security for the loan the said McClellan offered to mortgage a ground…
1Opinion of the CourtWeisel, J.
The complainant, Eliza A. McClellan, the appellee in» this Court, claims as assignee of her brother, William W.. McClellan.
The subject matters of the assignment are :
1st. All the claim, interest and benefit of the assignor-in the sum of thirty-three hundred dollars in Baltimore City stock, deposited with Messrs. Brown and Bruñe, attorneys of Henry Y. Ward, to whom the assignor sold certain real estate in Baltimore, on the corner of Baltimore- and Charles streets, on which Banks, the appellant, held a mortgage, and claimed an amount, which was disputed ;. the said stock for $3,300 being…
2Cases cited5 opinions
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
- Reynolds v. Manning, Stimpson & Co.Court of Appeals of Maryland · 1860
- Pegg v. WarfordCourt of Appeals of Maryland · 1855
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