Glenn v. Boston & Sandwich Glass Co.
Court of Appeals of Maryland
Appeal from the Superior Court for Baltimore city. This was an attachment on judgment, issued at the instance of the appellees, a foreign corporation, on the 26th of June 1848, to affect the property and credits of Edward M. Kerr, and on the same day laid in the hands of John Glenn, the permanent trustee in insolvency of said Kerr, as garnishee, who appeared, and, at September term 1848, pleaded “nil debet” for Kerr,, and “nulla bona” for himself.” .Exception.
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Appeal from the Superior Court for Baltimore city. This was an attachment on judgment, issued at the instance of the appellees, a foreign corporation, on the 26th of June 1848, to affect the property and credits of Edward M. Kerr, and on the same day laid in the hands of John Glenn, the permanent trustee in insolvency of said Kerr, as garnishee, who appeared, and, at September term 1848, pleaded “nil debet” for Kerr,, and “nulla bona” for himself.” .Exception. At the trial, in October 1852,- the plaintiffs proved the recovery of the judgment against Kerr on which their attachment issued, at…
1Opinion of the CourtMason, J.
The Court of Appeals, by two previous decisions, (6 Gill, 404, and 2 Md. Rep., 1,) have decided, that there was no partnership existing between Kerr and Potter, that the property claimed as partnership property belonged to Kerr individually, and that Potter had no right to the relief for which he prayed in the court of chancery, namely, for the appointment of a receiver, an injunction, &c.; and the case in 2 Md. Rep. further decided, that the fund in the hands of the receiver previously appointed should be transferred to the trustee of Kerr, who, pending the chancery proceeding, had applied…
2Cases cited5 opinions
- Poe v. DuckCourt of Appeals of Maryland · 1853
- Glenn v. GillCourt of Appeals of Maryland · 1852
- Owens v. BowieCourt of Appeals of Maryland · 1852
- Larrabee v. TalbottCourt of Appeals of Maryland · 1847
- Kerr v. PotterCourt of Appeals of Maryland · 1848
3Cited by9 opinions
- International Bedding Co. v. Terminal Warehouse Co.Court of Appeals of Maryland · 1924
- Cocco v. Merchants Mortgage Co.Court of Special Appeals of Maryland · 1986
- Roberts v. First National BankCourt of Appeals of Maryland · 1929
- Avery v. MonroeMassachusetts Supreme Judicial Court · 1898
- Devries v. BuchananCourt of Appeals of Maryland · 1856
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