Mayor of Baltimore v. Williams
Court of Appeals of Maryland
Appeal from Baltimore county court. Assumpsit by the appellees against the appellants, to recover the sum of $818.66, in the hands .of jhe latter as stakeholders, it being the amount of damages assessed in favor of the owner of a lot of ground ip the city of Baltimore through which a ptreet had beep opened. The count ip the declaration relied upon was for money had and received. Plea, non assumpsit.
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Appeal from Baltimore county court. Assumpsit by the appellees against the appellants, to recover the sum of $818.66, in the hands .of jhe latter as stakeholders, it being the amount of damages assessed in favor of the owner of a lot of ground ip the city of Baltimore through which a ptreet had beep opened. The count ip the declaration relied upon was for money had and received. Plea, non assumpsit. The plaintiffs claimed the money under a deed of trust to them of all the property of Hannah K. Chase, the original owner of the Jot, dated the 2nd of August 1844. Daniel B. Banks insisted that he…
1Opinion of the CourtEccleston, J.
This is an action for money had and received, instituted by the appellees to recover from the Mayor and City Council of Baltimore the amount of damages assessed in favor of the *254owner of a lot of ground lying in that city, which damages resulted from the opening of a street. The defendants admit the money to be in their hands, but decline paying it over until it is ascertained who has the right to receive it. The real controversy is between the plaintiffs and Daniel B. Banks.
This lot was formerly owned by Hannah K. Chase, now deceased. On the 2nd of August 1844, whilst she was thus owner of…
2Cases cited5 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Maccubbin v. Cromwell's Ex'rsCourt of Appeals of Maryland · 1835
- Hannon v. State ex rel. RobeyCourt of Appeals of Maryland · 1851
- Hicks v. HicksCourt of Appeals of Maryland · 1832
- Bohn v. HeadleyCourt of Appeals of Maryland · 1826
3Cited by30 opinions
- Converse v. BlumrichMichigan Supreme Court · 1866
- Brown v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1898
- Williams v. BanksCourt of Appeals of Maryland · 1857
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Allen v. McCallaSupreme Court of Iowa · 1868
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