Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 3

Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ...of all claim. 3. If the entry of the credit was not in the account, then the gross debit stood against Trump, and the Baltzells made the settlement, knowing he was a debtor, and it was released by the clause of reciprocal release in the articles of dissolution. 6 Iredell, 111. They received their consideration by receiving all the assets of the firm for an amount paid to Trutnp less than his half; and no evidence was given to show that they suffered any loss by the settlement. 4. If the debit was on the books without the credit now complained of, and in a form that did not explain itself, the Baltzells were put on inquiry as to its meaning; and not having objected to it when thus knowing and seeing it before the settlement, they cannot now claim payment of it. 5. This debit was not a part of the claims or assets of the partnership, which Trump assigned to the Baltzells by the "articles of dissolution." In no view can that assignment be understood as of any claims other than as against strangers, who had become indebted to the firm. 6 Iredell, 111. 6. lf they have any cause of complaint, their appropriate equity is to have the whole settlement opened, and to account for all their receipts from the partnership estate, and showing then the results and merits of their bargain under the settlement, let this court determine against which party the balance has accrued. Story's Eq., sec. 220. 1 Simons, 89. 6 Madd. Rep., 2. 13 Vermont, 191. 19 Maine, 211. 11 Pet., 71. 1 Ves., Jr., 210. 1 Sch. Q' Lef., 41. No decree for the $2100 should therefore, under any view of the fa_cts, have passed, especially as it appears Trump entered into the settlement under an idea that he was not to pay the $2100. This definition of all the...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236809521
  • 9781236809520