Kennedy v. Boggs
Court of Appeals of Maryland
Appeal from Baltimore countv court. This was an ac- . * tion of trover brought on the 10th of March 1818 by the appellant, as provisional trustee of F. A. Abbott, an in"solvent debtor, against the appellee, for two promissory notes.
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Appeal from Baltimore countv court. This was an ac- . * tion of trover brought on the 10th of March 1818 by the appellant, as provisional trustee of F. A. Abbott, an in"solvent debtor, against the appellee, for two promissory notes. The general issue was pleaded; and at the trial the plaintiff gave in evidence, that the said Abbott, on the ' ’ " * • ' * ‘ 29th of November 1817, sold to W. Bromwell all his geoda and stock of merchandize, for about the sum of $3000, to be paid $500 in cash, and the residue in notes endorsed by Jlosea Johns; and that the notes which this action is brought to…
1Opinion of the CourtEaule, J.
delivered the opinion of the court.- It has been a complaint against the general insolvent laws of this state, ever since the year 1805, that no adequate provision was made for dispossessing the insolvent of his property, from the time of his application for relief. This provision is not supplied, as has been mistakenly supposed, by the act of 1808, ch. 71, sect. 3. There must be a petition de*408pending, according the terms of this section, before thd court, or even the judge, can go into the appointment of a trustee; and by far the greater part of the applications for relief are made by…
2Cited by2 opinions
- Gough v. PrattCourt of Appeals of Maryland · 1856
- Day v. DayCourt of Appeals of Maryland · 1853