Waring v. National Marine Bank
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. . The appellee filed a petition in the Court below, alleging that the appellants, citizens of Cecil County, being copartners, were indebted to it in a sum exceeding $250;, that they were insolvent, and that, within four months prior to the filing of the petition, they, with intent to create a preference, and to hinder, delay and defraud the petitioner and their other creditors, conveyed all or a part of their property, by way…
Read the full summary
Appeal from the Circuit Court for Cecil County. . The appellee filed a petition in the Court below, alleging that the appellants, citizens of Cecil County, being copartners, were indebted to it in a sum exceeding $250;, that they were insolvent, and that, within four months prior to the filing of the petition, they, with intent to create a preference, and to hinder, delay and defraud the petitioner and their other creditors, conveyed all or a part of their property, by way of mortgages, to certain persons, therein named, and praying the Court to declare the appellants insolvent and to set…
1Opinion of the CourtRobinson, J.
This is a proceeding in involuntary insolvency, instituted against the appellants as partners inter sese; and the only question to he considered, in the view we take of the case, is whether the fact of partnership is made out by the proof. If no such partnership existed, then this proceeding must fail. And in the determination of this question, there is, we must bear in mind, a well recognized distinction between a partnership as between the parties tJhemselves, and a partnership as to third parties, which arises by operation of law. Persons by their conduct and course of dealing may be held…
2Cases cited1 opinion
- Heise v. BarthCourt of Appeals of Maryland · 1874
3Cited by10 opinions
- McBriety v. PhillipsCourt of Appeals of Maryland · 1942
- Geo. Bert. Cropper, Inc. v. Wisterco Investments, Inc.Court of Appeals of Maryland · 1979
- Southern Can Co. v. SaylerCourt of Appeals of Maryland · 1927
- Garner v. GarnerCourt of Special Appeals of Maryland · 1976
- Lighthiser v. AllisonCourt of Appeals of Maryland · 1904
5 more not listed; retrieve them via the Exa API.