Levy v. Steinbach
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The facts of the case are stated in the opinion of the Court. The charge of insolvency in the bill is not sufficiently stated. Allegations “that complainant is informed and believes” that material facts exist, are not sufficient. McDowell vs. Graham, 3 Dana, 73; Jones vs. Cowles, 26 Alab., 612. Insolvency must have existed at the date of the assignment, or the assignment will be good — no equities existing to cling to it.
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Appeal from the Circuit Court of Baltimore City. The facts of the case are stated in the opinion of the Court. The charge of insolvency in the bill is not sufficiently stated. Allegations “that complainant is informed and believes” that material facts exist, are not sufficient. McDowell vs. Graham, 3 Dana, 73; Jones vs. Cowles, 26 Alab., 612. Insolvency must have existed at the date of the assignment, or the assignment will be good — no equities existing to cling to it. Dilly vs. Barnard, 8 G. & J., 170; Lingan vs. Henderson, 1 Bl., 236; Barbour on Set-off, 34, 191. The affidavits of…
1Opinion of the CourtGIrason, J.
It appears from the record in this case that, on the 14th day of November, 1874, the appellant, Samuel Levy, recovered a judgment for one hundred dollars and costs against the appellee in the Court of Common Pleas of Baltimore City, and that the judgment was the same day assigned to Rachel Levy, the other appellant, and that on the 28th day of the same month á fieri facias was issued on the judgment, returnable to the January term, 1875. On the third day of December, 1874, the appellee filed his bill in the Circuit Court of Baltimore City stating the above judgment and execution, and…
2Cases cited2 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Deakins v. HollisCourt of Appeals of Maryland · 1835
3Cited by13 opinions
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- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Whitehead v. JessupColorado Court of Appeals · 1896
- Wells v. CochranNebraska Supreme Court · 1911
- Twigg v. HopkinsCourt of Appeals of Maryland · 1897
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