Mears v. Moulton
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City, in Equity. On the 14th of September, 1866, an account was opened in the Chesapeake Bank in the name of Mrs. E. A. E. Mears, Treasurer, and various sums were deposited from day to day until the 22d of December, when that account was closed, and a new one opened in the name of the “Southern Orphan Relief Fund,” and beneath this entry on the books of the bank there were also written the ■ words “ Mrs. E. A. F. Mears, Treasurer.”
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Appeal from the Superior Court of Baltimore City, in Equity. On the 14th of September, 1866, an account was opened in the Chesapeake Bank in the name of Mrs. E. A. E. Mears, Treasurer, and various sums were deposited from day to day until the 22d of December, when that account was closed, and a new one opened in the name of the “Southern Orphan Relief Fund,” and beneath this entry on the books of the bank there were also written the ■ words “ Mrs. E. A. F. Mears, Treasurer.” On the 17th January, 1867, the amount on deposit to the credit of the fund was $ 1,662.68. Subsequently notice was…
1Opinion of the CourtRobiNSON, J.
This case originated in a bill of interpleader, filed by the Chesapeake Bank, requiring the appellants and appellees to interplead as to a certain sum of money deposited with the bank, and claimed by said parties respectively, in order that the Court might determine which of them was entitled to the fund.
It was claimed on the one hand, by the appellees as members of “ The Southern Orphans’ Association of Baltimore,” and on the other by the appellants, a society incorporated by the Legislature of Virginia.
It is insisted in the first place, that the decree below is erroneous, because the…
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