Muhr v. Pinover
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. On the 23rd of December, 1884, Alfred Prince executed to Samuel Pinover a deed of trust for the benefit of creditors, whereby he conveyed “all his property and estate of any and every kind and description, except what may by law be exempted from execution.”
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Appeal from the Superior Court of Baltimore City. On the 23rd of December, 1884, Alfred Prince executed to Samuel Pinover a deed of trust for the benefit of creditors, whereby he conveyed “all his property and estate of any and every kind and description, except what may by law be exempted from execution.” On the 13th of February, 1885, the appellants, creditors of the grantor, caused an attachment on original process to be issued against him and laid in the hands of Pinover. On the 2nd of June, 1886, judgment in the short note case was recovered by the plaintiffs against Prince for $650.97,…
1Opinion of the Court
Robinson, J.,
delivered'the opinion of the Court.
The debtor in this case, being in failing circumstances, made an assignment of all his property, except so much thereof as is exempt by law from execution, for the benefit of his creditors. And the question is whether the reservation of property exempt from execution, makes the assignment fraudulent and void as to creditorsf If it does, it must be because such a reservation operates in some way “to hinder, delay or defraud” the creditors of their just demands against the debtor. An assignor has no right, of course, to reserve any part of his…
2Cases cited6 opinions
- Smith v. MitchellMichigan Supreme Court · 1863
- Simpson v. RobertSupreme Court of Georgia · 1866
- Brooks v. NicholsMichigan Supreme Court · 1868
- Dow v. . PlatnerNew York Court of Appeals · 1858
- Farquharson v. McDonaldTennessee Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re TaylorCourt of Appeals of Maryland · 1988
- Niedermayer v. AdelmanDistrict Court, D. Maryland · 1988
- Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLCCourt of Appeals of Maryland · 2010
- Barnes v. ITT Financial Services (In Re Barnes)United States Bankruptcy Court, D. Maryland · 1990
- In Re HurstUnited States Bankruptcy Court, D. Maryland · 1999
11 more not listed; retrieve them via the Exa API.