Peoples' Bank v. Shryock
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The appellees in April, 1812, obtained a judgment against William H. Trego, a member of the firm of Trego & Kirkland, engaged in business in Baltimore City.
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Appeal from the Superior Court of Baltimore City. The appellees in April, 1812, obtained a judgment against William H. Trego, a member of the firm of Trego & Kirkland, engaged in business in Baltimore City. In May following an attachment was issued on this judgment and laid in the hands of, the appellant, to hind the interest of said Trego in a sum of money standing upon the hooks of the appellant to the credit of the firm of Trego & Kirkland; the amount then standing to the credit of the firm being more than double the amount of the plaintiffs’ claim and costs. The appellant appeared and…
1Opinion of the CourtBrent, J.
The appellees, having obtained a judgment against William H. Trego, issued upon it an attachment by way of execution. This attachment was laid in the hands of the People’s Bank of Baltimore, to bind the interest of the defendant, Trego, in a sum of money standing upon the books of the bank to the credit of the firm of Trego -& Kirkland, of which firm Trego was a partner.
The question then arises, is a debt due to a co-partnership liable to attachment at the suit of a creditor of one of the partners ?
If the attachment had been laid upon the tangible effects of the firm, there would be no doubt…
2Cases cited8 opinions
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- Church v. KnoxSupreme Court of Connecticut · 1818
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Lyndon v. GorhamU.S. Circuit Court for the District of Rhode Island · 1812
- Brewster v. HammetSupreme Court of Connecticut · 1823
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