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6 H. & J. 427

Williams v. Ellicott

Court of Appeals of Maryland

Decided June 15, 1825

Court of Appeals of Maryland · decided 1825-06-15

The facts appearing by the bill and answer, were these: On the 30th day of August 1819, the appellant was appointed provisional trustee for the benefit of the creditors of Jlmos Jl. Williams, under tire act of assembly, entitled, “An act relating to insolvent debtors in-the city and county of Baltimore,” 1816, chap. 221. On the 15th October 1819, the appellee was appointed permanent trustee under the same: law.

Cited by 2 later decisions — most recently January 1905

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-06-15

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The CotmT.

¶1Without determining the question ho# far this court, as a court of equity, or the'court in which the decree was passed, had power to allow to a provisional trustee a propel’ compensation for his services, in a case in 1 which he should appear to be clearly entitled.to compensation, upon which point the court do not iniend to give any opinion, we think, that even supposing that the appellant might have been entitled to a reasonable compensation for his services, before his refusal to deliver over the estate and effects of the insolvent, he forfeited any claim which he might have so had, by reason of his having so Refused to *435deliver, as the court have no doubt he was bound to’ do, upon the demand made on him by the appellee as permanent trustee. .Fur the same reason he is liable for interest.

¶2DECilEE AfmtMKD.

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