Zantzinger v. Ribble

• Decision Date: 10 May 1872
• Parties: FRANK ZANTZINGER v. F. J. RIBBLE, Assignee in Bankruptcy of JOHN C. DEYERLE.
• Court: Maryland Court of Appeals

36 Md. 32

FRANK ZANTZINGER v. F. J. RIBBLE, Assignee in Bankruptcy of JOHN C. DEYERLE.

Court of Appeals of Maryland

May 10, 1872

APPEAL from the Superior Court of Baltimore City.

The case is fully stated in the opinion of the Court.

The cause was submitted on briefs to BARTOL, C.J., BOWIE, GRASON MILLER and ALVEY, J.

J A. L. McClure, for the appellant.

Skipwith Wilmer, for the appellee.

BOWIE J., delivered the opinion of the Court.

The appellee, as assignee of J. C. Deyerle, a bankrupt sued the appellant on the 1st of March, 1870, in the Superior Court of Baltimore, in an action of debt, on two judgments of the Circuit Court of the city of Norfolk, Virginia, which were set out originally in two counts; the first declaring on a judgment obtained by the bankrupt before his application, viz: on the 8th of July, 1867, against the defendant for $153, and $2.67 charges of protest, with interest and costs.

The second, declaring on a judgment obtained by the bankrupt, before he became bankrupt, in said Court, on the 8th of July, 1867, for $242.85 damages, with interest and costs.

By leave of the Court, the nar. was afterwards amended by adding a third count, declaring on a judgment of said Court, obtained by the bankrupt (before he became such,) on the 22d of April, 1870, for the sum of $153, and $2.67 charges of protest, with interest and costs.

The appellant filed six pleas, (the second and fourth of which were withdrawn,) leaving the following on which issues were joined:

1st. Nul tiel record. 3d. That the alleged judgments were illegally obtained. 5th. That the defendant paid the said Deyerle before he became bankrupt, the full amounts of said judgments and costs. 6th. That after the recovery of the said alleged judgments and before the institution of this suit, the said Deyerle, before he became bankrupt, released to the defendant the amount alleged to have been recovered in said judgments.

The appellee offered in evidence transcripts of records of the Circuit Court for Norfolk city, Va., duly authenticated as described in the second and third counts.

The record offered under the third count showing a judgment entered originally on the 8th of July, 1867, for $103, and $2.67 charges of protest, etc., and afterwards by order of Court on the 22d of April, 1870, amended and entered for the sum of $153.78, and $2.67 charges of protest, interest and costs.

The appellee then further to maintain the issue upon his part, and to prove that the estate of said J. C. Deyerle, real and personal, had been legally assigned to him as assignee in bankruptcy, offered in evidence the following paper writing:

"IN THE DISTRICT COURT OF THE UNITED STATES,

FOR THE DISTRICT OF VIRGINIA,

In the matter of J. C. Deyerle, Bankrupt, )

) In Bankruptcy.

District of Virginia, ss. )

Know all men by these presents, that F. J. Ribble of the _____ of _____, in the county of Roanoke and State of Virginia, in said District, has been duly appointed assignee in said matter.

Now therefore, I, JOHN C. UNDERWOOD, Judge of said District, by virtue of the authority vested in me by the 14th section of the Act of Congress, entitled 'An Act to establish a uniform system of Bankruptcy throughout the United States, approved March 2d, 1867,' do hereby convey and assign to the said F. J. Ribble, assignee as aforesaid, all the estate real and personal, of the said J. C. Deyerle, bankrupt aforesaid, including all the property of whatever kind of which he is possessed, or in which he was interested or entitled to have on the 31st of December, 1868, with all his deeds, books, and papers relating thereto, excepting such property as is exempted from the operation of this assignment by the provisions of the 14th section of said Act."

"To have and to hold all the foregoing premises to the said F. J. Ribble, and his heirs forever; in trust nevertheless, for the use and purposes, with the powers and subject to the conditions and limitations set forth in said Act.

Witness, the Honorable JOHN C. UNDERWOOD, Judge of the said Court, and seal thereof, at Richmond, Virginia, on the 15th day of June, A. D., 1869.

SEAL E J. UNDERWOOD,

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