Mayer v. Pinkney

THIS was an appeal from the Circuit Court of the United States for the district of Maryland.

It was a branch of the cases relating to the shares of the Mexican Company of Baltimore, so often reported in the preceding volumes of Howard, and which are referred to in the opinion of the court. The opinion contains, also, a statement of the facts in the present case.

The bill was originally filed in the Circuit Court for Baltimore county (State court) by Charles F. Mayer and John Barney, trustees of John Gooding, under his insolvency in 1829, against John Gooding, jun., Charles Oliver, and Robert M. Gibbes. It was removed into the Circuit Court of the United States, upon the application of John Gooding, junior, who alleged that he was a citizen of Virginia. An answer was filed by Gooding, who afterwards died, and White became administrator de bonis non of the first John Gooding. A bill of revision was filed, and other proceedings took place, amongst which was a suggestion of the death of John Barney, so that Mayer became the surviving trustee. Gibbes and Oliver answered, and in May, 1858, Judge Giles, then holdings a Circuit Court, dismissed the bill; from which order Mayer appealed to this court.

It was argued by Mr. Mayer and Mr. Reverdy Johnson for the appellant, and submitted on printed argument by Mr. Dulany and Mr. Campbell for the appellees.

It is proper to mention that when the mandate of this court, in the case of Gooding, 17th Howard, 274, went down, the executors of Oliver paid into court the money and stocks sued for; and afterwards, in pursuance of an order of the court, passed on the 28th June, 1858, (after the dismissal of the bill, as above mentioned,) the same stocks and money were paid out of court to White. It was agreed by the counsel that the claim of Mayer was exclusively against White as administrator.

Mr. Justice NELSON delivered the opinion of the court.