James Clark Co. v. Colton

McSherry, C. J.,

dissented and delivered the following opinion :

The controlling facts of these consolidated cases are either not disputed, or if controverted they are free from difficulty; but there is a wide difference between the contending parties as to what are the legal principles which grow out of those facts and which ought to govern the ultimate decision of this litigation. A brief outline of the circumstances disclosed by the record will present with sufficient clearness the pivotal points of the controversy.

The South Baltimore Bank was incorporated by the General Assembly of Maryland…