Legal Opinion

Baltimore & Ohio Railroad v. Flaherty

Court of Appeals of Maryland

Decided January 5, 1898PublishedCited by 1 opinion

Appeal from an order of the Circuit Court No. 2, of Baltimore City (Harlan, C. J.) The Baltimore and Ohio Employees’ Relief Association was incorporated in 1882. This charter was repealed by an Act of the Legislature, which took effect on April 1st, 1889. On March 29th, 1889, an agreement under seal was made between the Relief Association and the Baltimore and Ohio Railroad Company, by which the former transferred to the latter all of its assets, and the Railroad Company…

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Appeal from an order of the Circuit Court No. 2, of Baltimore City (Harlan, C. J.) The Baltimore and Ohio Employees’ Relief Association was incorporated in 1882. This charter was repealed by an Act of the Legislature, which took effect on April 1st, 1889. On March 29th, 1889, an agreement under seal was made between the Relief Association and the Baltimore and Ohio Railroad Company, by which the former transferred to the latter all of its assets, and the Railroad Company agreed to hold and apply the same for the purpose of the relief, pension and savings bank features of the association. It…

1Per curiam

A majority of-the Judges who heard the argument of this case are of opinion that the order appealed against should be reversed, and that the petition of the appellee should be dismissed. We are of that opinion for two reasons : First. Because the Circuit Court of Baltimore City did not heretofore assume jurisdiction and control over the whole fund mentioned in the proceedings, but only over that portion thereof which belonged to the non-assigning members of the extinct Relief Association ; the other part of the *105fund, assigned to the Railroad Company, and held by it in trust for the relief…

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2Cases cited7 opinions

  1. Reynolds v. StocktonSupreme Court of the United States · 1891
  2. Scott v. McNealSupreme Court of the United States · 1894
  3. Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
  4. Leadville Coal Co. v. McCreerySupreme Court of the United States · 1891
  5. Baltimore & Ohio Railroad v. BrownCourt of Appeals of Maryland · 1894

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3Cited by1 opinion

  1. Whiting v. ShipleyCourt of Appeals of Maryland · 1915

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