Barnitz v. Rice
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. Edmund J. Webb executed a deed to the appellant, as trustee, for the benefit of his creditors, dated the 9th of December 1857. It recites: “Whereas, I, Edmund J. Webb, of Baltimore city, trading under the above name, am indebted to various persons, and am unable promptly to satisfy those liabilities, and desire therefore to make provision, in manner as hereinafter is set forth, for payment of my debts,” and then conveys to…
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Appeal from the Circuit Court for Baltimore City. Edmund J. Webb executed a deed to the appellant, as trustee, for the benefit of his creditors, dated the 9th of December 1857. It recites: “Whereas, I, Edmund J. Webb, of Baltimore city, trading under the above name, am indebted to various persons, and am unable promptly to satisfy those liabilities, and desire therefore to make provision, in manner as hereinafter is set forth, for payment of my debts,” and then conveys to Barnitz, “all the stock in trade and merchandize, goods, chattels and effects, and promissory notes, securities, evidences…
1Opinion of the CourtLe Grand, C. J.
The decision of this appeal must depend upon the construction to be placed on the deed which has given rise to this controversy. It is a deed by a debtor to a trustee, for the benefit of the creditors of the debtor, and exacting of them releases.
The conveyance of property is in these words: “All the stock in trade and merchandize, goods, chattels and effects, and promissory notes, securities, evidences of debt, and claims and demands of, or belonging to, or in any wise or manner claimable by me.”
To this deed it is objected, that it does not, on its face, convey all of the property of the…
2Cases cited2 opinions
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
3Cited by8 opinions
- Farrow v. HayesCourt of Appeals of Maryland · 1879
- Palmer v. McCarthyColorado Court of Appeals · 1892
- Schuman ex rel. Hesen v. PeddicordCourt of Appeals of Maryland · 1879
- Bridges v. HindesCourt of Appeals of Maryland · 1860
- Citizens Fire, Marine & Life Insurance Co. v. WallisCourt of Appeals of Maryland · 1865
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