Manufacturers' National Bank v. Swift
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appellant filed a petition in this case, asking that the decree against the appellee and itself might be entered to its use; and that said co-defendant might be directed to make good to it the amount of said decree, which it had paid into Court. The Court (Brown, C. J.,) passed an order dismissing said petition, and the petitioner appealed. The facts are stated with sufficient fullness in the opinion of the Court.
1Opinion of the CourtBryan, J.
When this case was before the Court on the first appeal, it was decided that the Manufacturers’ Bank and Swift were both responsible to the trustees of the Bull estate for the full amount of the sum now in controversy. It was held that the question of primary *517and secondary liability was not presented, and the Court studiously refrained from determining which of these parties must ultimately bear the loss; laying down the rule as applicable to the case that all parties to a breach of trust are equally liable, and there is no primary liability. 68 Md., 236. No further controversy is admissible…
2Cases cited3 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Swift v. WilliamsCourt of Appeals of Maryland · 1888
- Commercial & Farmers' National Bank v. First National BankCourt of Appeals of Maryland · 1869
3Cited by13 opinions
- National Bank v. BerrallSupreme Court of New Jersey · 1904
- Riverside Bank v. First Nat. Bank of ShenandoahCourt of Appeals for the Second Circuit · 1896
- Citizens Bank v. Schwarzschild & Sultzberger Co.Supreme Court of Virginia · 1909
- National Exchange Bank v. Ginn & Co.Court of Appeals of Maryland · 1910
- Oregon Iron & Steel Co. v. Kelso State BankWashington Supreme Court · 1924
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