Mims v. Armstrong
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City. This was an action brought by the appellant, as assignee, for the benefit of the creditors of George R. McNabb, against the appellees, Armstrong, Cator & Co., for money claimed to have been received by them to the use of the appellant, under the following circumstances: On the 27th December, 1866, George R. McNabb, of Columbia, South Carolina, being heavily indebted to a number of Baltimore merchants, whom he was unable to…
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Appeal from tbe Superior Court of Baltimore City. This was an action brought by the appellant, as assignee, for the benefit of the creditors of George R. McNabb, against the appellees, Armstrong, Cator & Co., for money claimed to have been received by them to the use of the appellant, under the following circumstances: On the 27th December, 1866, George R. McNabb, of Columbia, South Carolina, being heavily indebted to a number of Baltimore merchants, whom he was unable to pay, made a deed of trust to the appellant for the benefit of his creditors. Annexed to the deed, and forming a part of…
1Opinion of the CourtAlvey, J.
This is an action for money had and received, instituted by the appellant against the appellees to recover money received by the latter in payment of a debt due them, alleged to have been assigned to the former by previous assignment of the debtor.
At the trial there were four bills of exception taken by *92the appellant; but if the rulings of the Court below on the prayers be sustained, it will be unnecessary to decide the questions raised by the first three exceptions.
There were two prayers offered for instruction to the jury ; one on the part of the plaintiff, and the other on the part of the…
2Cases cited3 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Platt v. . LottNew York Court of Appeals · 1858
- Moir v. BrownNew York Supreme Court · 1852
3Cited by19 opinions
- Bock v. PerkinsSupreme Court of the United States · 1891
- Aetna Indemnity, Co. v. John WatersCourt of Appeals of Maryland · 1909
- Hemsley v. HollingsworthCourt of Appeals of Maryland · 1913
- Zittle v. WellerCourt of Appeals of Maryland · 1885
- Adams v. ParaterCourt of Appeals of Maryland · 2001
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