Price v. Merchants' Bank
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. On the 7th of April, 1857, Joseph C. Wilson and R. W. Hyman, co-partners, trading as J. C. Wilson & Co., made a deed to Augustus M. Price, in trust for the benefit of their creditors, whom they classified in three schedules, A, B and C. The appellee was a preferred creditor of the first class in schedule A. Their deed was assailed by certain unpreferred creditors, but was sustained by this court.
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Appeal from the Circuit Court of Baltimore City. On the 7th of April, 1857, Joseph C. Wilson and R. W. Hyman, co-partners, trading as J. C. Wilson & Co., made a deed to Augustus M. Price, in trust for the benefit of their creditors, whom they classified in three schedules, A, B and C. The appellee was a preferred creditor of the first class in schedule A. Their deed was assailed by certain unpreferred creditors, but was sustained by this court. Price v. Deford, 18 Md. 489. Subsequently, on the 23rd of March, 1863, the trustee, A. M. Price, filed *his petition in the Circuit Court of Baltimore…
1Opinion of the CourtBartol, C. J.
The appellant filed two exceptions to the ratification of the auditor’s account B and supplemental account B, by which a proportion of the trust fund was allowed to the appellee. The second exception is based upon a statement which has been disproved by the testimony of Messrs. Waters, Frick and Emory, all of whom unite in proving that the ^filing of the appellee’s claim was known to the appellant before he paid the money to the creditors, among whom the fund had been distributed by account A. Whether known to him personally, which it is hardly possible to doubt, is not material; it is shown…
2Cases cited4 opinions
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Lovejoy v. IrelanCourt of Appeals of Maryland · 1862
- Kent v. O'HaraCourt of Appeals of Maryland · 1835
- Williams v. BanksCourt of Appeals of Maryland · 1863
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- Penniman v. ColeCourt of Appeals of Maryland · 1875
- Eastern Air Lines, Inc. v. Phoenix Savings & Loan Ass'nCourt of Appeals of Maryland · 1965