Hickley v. President of the Farmers & Merchants' Bank
Court of Appeals of Maryland
The present bill was filed by the appellant, Robert Hickley, permanent trustee of Thomas J. Clagett, on the 1st of October, 1829. It alleged, that Thomas J. Clagett on the 26th of May, 1829, applied to the commissioners of insolvent debtors for the city and county of Baltimore, for the benefit of the insolvent laws, and that the complainant in the due course of said application, and proceedings thereunder, was appointed his permanent trustee, and that he has given bond with…
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The present bill was filed by the appellant, Robert Hickley, permanent trustee of Thomas J. Clagett, on the 1st of October, 1829. It alleged, that Thomas J. Clagett on the 26th of May, 1829, applied to the commissioners of insolvent debtors for the city and county of Baltimore, for the benefit of the insolvent laws, and that the complainant in the due course of said application, and proceedings thereunder, was appointed his permanent trustee, and that he has given bond with approved security as such. That the debts due from the insolvent at the time of his application remain unsatisfied, and…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
/ By the common law, and apart from the provisions of the / insolvent laws of this State, (the bankrupt laws of England not being in force here) a debtor may secure one creditor to the exclusion of others,? either by payment or a bona fide (transfer of his property. The 9th section of the insolvent act of 1805, ch. 110, denies the benefit of that act to ' any debtor found guilty of having given to any creditor or security, an “undue and improper preference,” leaving doubtful what constituted an undue and improper prefer*381ence. And to remove…
2Cited by9 opinions
- McDowell v. GoldsmithCourt of Appeals of Maryland · 1854
- Beatty v. DavisCourt of Appeals of Maryland · 1850
- Williams v. CohenCourt of Appeals of Maryland · 1866
- Anderson v. TydingsHigh Court of Chancery of Maryland · 1852
- Falconer v. GriffithHigh Court of Chancery of Maryland · 1852
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