Brown v. Hazlehurst
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, in Equity. The appellee exchanged certain property in Howard County, with John and Henry McShane, for certain leasehold property in Baltimore City, consisting of six houses, variously located, and Buck’s hotel, on Pratt street. The hotel was taken at a valuation of $25,000.00, and the appellee immediately effected insurances upon it to that amount.
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Appeal from the Circuit Court for Howard County, in Equity. The appellee exchanged certain property in Howard County, with John and Henry McShane, for certain leasehold property in Baltimore City, consisting of six houses, variously located, and Buck’s hotel, on Pratt street. The hotel was taken at a valuation of $25,000.00, and the appellee immediately effected insurances upon it to that amount. Soon after he became convinced that he had been imposed upon by misrepresentations as to the value of the hotel; he thereupon filed his hill of complaint in the Circuit Court for Howard County, in…
1Opinion of the CourtAlvey, J.
There is -no doubt of the general rule, and it is a wholesome one, that a receiver will not be permitted to lay out more than a small sum at his own discretion, in the preservation or improvement of the property under his charge; but he should, in all cases where it is practicable, or the circumstances of the case will permit, before involving the estate in expense, apply to the Court for authority for so doing. But this general rule, however salutary it may be, should not be so rigidly and sternly enforced as to work wrong and injustice, where the receiver has acted in good faith, and under…
2Cases cited1 opinion
- Tyson v. MickleCourt of Appeals of Maryland · 1844
3Cited by18 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Northern Finance Corporation v. ByrnesCourt of Appeals for the Eighth Circuit · 1925
- Forest Lake Cemetery v. BakerCourt of Appeals of Maryland · 1910
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- County Corporation v. SemmesCourt of Appeals of Maryland · 1936
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