Ohio Brass Co. v. Clark

• Decision Date: 23 June 1897
• Citation: 37 A. 899,86 Md. 344
• Parties: OHIO BRASS CO. v. CLARK ET AL.
• Court: Maryland Court of Appeals

37 A. 899

86 Md. 344

OHIO BRASS CO. v. CLARK ET AL.

Court of Appeals of Maryland

June 23, 1897

Appeal from circuit court of Baltimore city.

Bill by the Maryland Trust Company against John Jameson and others for orders of court respecting the distribution of a trust fund. From an order of distribution to claimants Lester Clark, Morton, Reed & Co., and B. F. Shaw & Co., claimant the Ohio Brass Company appeals. Affirmed.

In addition to the facts stated in the opinion, it appears that the money in controversy due to John Jameson was paid to the trustee by the railroad company after the company had been garnished by the Ohio Brass Company.

Argued before McSHERRY, C.J., and BRYAN, BOYD, ROBERTS, and FOWLER JJ.

Thomas I. Elliott and Fred. T. Dorton, for appellant.

Redmond C. Stewart and Joseph Packard, Jr., for appellees.

FOWLER J.

John Jameson, a resident of the state of Ohio, made an agreement with the Pikesville, Reisterstown & Emory Grove Railroad Company to construct an electric railroad in Baltimore county, and some complications and difficulties arising between the parties in regard to the payment of claims against the former incurred in the building of a railroad, for which the railroad company might be answerable, the two parties, on the 30th of October, 1895, agreed in writing that all funds payable or to become payable to Jameson by the company should be, and were by said agreement, transferred to the Maryland Trust Company, for the purpose of discharging in certain order the claims aforesaid, and then the balance, if any, to be paid to said Jameson or his assigns. On the 26th December 1895, the trust company, as trustee, filed a petition in the circuit court of Baltimore city, and with it the agreement we have just referred to, asking that court to take jurisdiction of the trust fund so held by it, to the end that the said agreement may be construed, and that said fund may be distributed to those entitled thereunder, for an order authorizing the trustee to publish notice to all claimants of such fund to file their claims in that court, and asking injunctions against the appellees Zouck & Clark to restrain them from further proceedings at law, they having both laid attachments in its hands as garnishee of Jameson. Whereupon jurisdiction was assumed, and on the 16th January, 1895, it was ordered that notice to creditors be given by the trustee. Under the petition thus filed and the...