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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 60   View pdf image (33K)
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6» HIGH COURT OF CHANCERY.
given, its payment was secured by the pledge of sixty-four
shares of the stock of the bank, owned by and standing in the
name of James McCormick, the intestate of the defendant,
John E. McCormick. The last note became due on the 26th
of May ensuing its date, but remained unpaid until the 25th of
June following, when it was paid to the bank by McCormick,
to whom the stock pledged for its security was released, and
the note surrendered. The original bill, which was filed on
7th July, 1834, charged that the Hammonds, being embarrassed
in their circumstances, and insolvent at the maturity of the first
of the notes, were unable to pay it, and that their condition of
insolvency continuing until the note given in renewal matured,
they paid it with a view, and under an expectation, of being or
becoming insolvent debtors, and with intent to give to the bank
an undue and improper preference' over their other creditors.
When the answer of the bank came in, on the 3d of November,
1834, disclosing the connection of McCormick with the trans-
action, an amended bill was filed, with the leave of the court,
in .which, among other things, it was charged, that if he, Mc-
Cormick, did make the payment, he was furnished with the
means for that purpose, by the Hammonds, at a period when
they had a view or were under an expectation of being, or be-
coming, insolvent debtors, and with intent thereby to give to
said McCormick an undue and improper preference. The an-
swer of McCormick, the intestate, which was filed 14th July,
1836, admitted that the money with which he paid the bank,
and relieved his stock, which had been hypothecated as security,
was placed in his hands by the Hammonds, for that purpose,
two days before he made the payment, and that he had no
knowledge of the business or engagements of the Hammonds,
or who were their creditors at the time of their application for
the benefit of the insolvent laws.
It appeared by an agreement signed by counsel, that John
L. Hammond petitioned for the benefit of the insolvent laws,
on the 15th of September, 1832, and was finally discharged on
the 2d of February, 1833; and that William L. Hammond pe-
titioned on the 15th of October, 1832, and was discharged on

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 60   View pdf image (33K)
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