Adair v. Winchester
Court of Appeals of Maryland
Appeal from Chancery. The appellees claiming under a deed of trust to them, from Murray if Payson, partners in trade, bearing date on the 30th of December 1826; exhibited their bill against the appellant, and his partner John Adair (since deceased) and Murray ip Payson, claiming an account of, and payment of the proceeds of sundry promissory notes, which it was alleged, had been deposited with the Adairs, by the agent of Murray if Payson, to secure the payment of $1500,…
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Appeal from Chancery. The appellees claiming under a deed of trust to them, from Murray if Payson, partners in trade, bearing date on the 30th of December 1826; exhibited their bill against the appellant, and his partner John Adair (since deceased) and Murray ip Payson, claiming an account of, and payment of the proceeds of sundry promissory notes, which it was alleged, had been deposited with the Adairs, by the agent of Murray if Payson, to secure the payment of $1500, loaned by the former to the latter. The bill alleged, that Murray & Payson, trading under the firm of A. B. Murray Co. being…
1Opinion of the Court
Dorsey,
Judge delivered the opinion of the court.
The first question for our consideration is; had the Chancery court jurisdiction over such a case, as is presented by the bill of complaint ? View the case as you will, and it is in effect, nothing more than an action for money had and received. That by proceeding in a court of law, ample and perfect redress for the wrong complained of could have been obtained, has not been, and cannot be denied. How then can the appellee sustain the right of the Chancellor to adjudicate in, such a case, consistently with the well settled general principle found…
2Cases cited1 opinion
- Lenox v. RobertsSupreme Court of the United States · 1817
3Cited by8 opinions
- MEDICAL MUTUAL LIABILITY INS. SOC. OF MARYLAND v. EvansCourt of Appeals of Maryland · 1993
- Anderson v. WatsonCourt of Appeals of Maryland · 1922
- Summers v. FreishtatCourt of Appeals of Maryland · 1975
- Mayor & Cncl. of Balt. v. Thornton MellonCourt of Appeals of Maryland · 2022
- Roberts v. Total Health Care, Inc.Court of Special Appeals of Maryland · 1996
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