Legal Opinion

Bolton Mines Co. v. Stokes

Court of Appeals of Maryland

Decided December 6, 1895PublishedCited by 24 opinions

Appeal from an order of the Circuit Court of Baltimore City (Dennis, J.), by which the exceptions filed to the claim of the Bolton Mines Co. in ex-parte, in the matter of the trust estate of the Waring Manufacturing Company, were sustained. The case is stated in the opinion of the Court.

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Appeal from an order of the Circuit Court of Baltimore City (Dennis, J.), by which the exceptions filed to the claim of the Bolton Mines Co. in ex-parte, in the matter of the trust estate of the Waring Manufacturing Company, were sustained. The case is stated in the opinion of the Court. The action of the Court below proceeded upon the theory that when the appellant replevied the phosphate from the assignees of the Waring Manufacturing Company, he elected to repudiate and rescind the contract of sale which was the consideration for the note filed as the claim in this case, and that he was…

1Opinion of the CourtMcSherry, J.

In December, 1889, the Bolton Mines Company contracted to sell to the Waring Manufacturing Company a quantity of fertilizers. The sale was made, the goods were delivered and the purchaser gave its promissory note to the vendor on March the fifteenth, 1890, for the price agreed on, payable in four months after its date. On the twenty-third day of May, 1890, before the maturity of this note, the Waring Manufacturing Company executed to Hanson H. Haines and Francis Stokes, trustees, a deed of trust for the benefit of its creditors, and the trustees filed their bond in Cecil County on May the…

2Cases cited13 opinions

  1. Thompson v. HowardMichigan Supreme Court · 1875
  2. Olmstead v. BachCourt of Appeals of Maryland · 1893
  3. Powers v. . BenedictNew York Court of Appeals · 1882
  4. Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
  5. Alexander v. WalterCourt of Appeals of Maryland · 1849

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3Cited by24 opinions

  1. United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
  2. Travelers Indemnity Company v. Nationwide Construction CorporationCourt of Appeals of Maryland · 1966
  3. Washington Homes, Inc. v. Interstate Land Development Co.Court of Appeals of Maryland · 1978
  4. Pemrock, Inc. v. Essco Co.Court of Appeals of Maryland · 1969
  5. Hamlin MacHine Co. v. Holtite Mfg. Co.Court of Appeals of Maryland · 1976

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