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MESSALL v. SUBURBAN TRUST

[No. 424, September Term, 1965.]

244 Md. 502 (1966)

224 A.2d 419

MESSALL AND HOWE v. SUBURBAN TRUST COMPANY

Court of Appeals of Maryland.

Motion for rehearing filed December 30, 1966.

Denied January 5, 1967.

Attorney(s) appearing for the Case

Robert V. Smith (on both arguments), with whom was W. Perry Doing on the brief, for appellants.

John C. Joyce (on both arguments), with whom were Robert C. Christie and Duckett, Orem & Christie on the brief, for appellee.

The cause was argued on 9/14/66 before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.; and reargued on 10/11/66 before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ., and CARTER, J., Associate Judge of the Eighth Judicial Circuit, and PROCTOR, J., Associate Judge of the Third Judicial Circuit, both specially assigned.

Denied January 5, 1967. Opinion modified.

HAMMOND, C.J., delivered the opinion of the Court. BARNES and McWILLIAMS, JJ., dissent. Dissenting opinion by BARNES, J., at page 511, infra.

Messall and Howe, the appellants, obtained a judgment for $34,484 against Merlands Club, Inc. and on July 29, 1964, laid an attachment in the hands of Suburban Trust Company in which Merlands had an account. Merlands had previously borrowed $11,800 from Suburban, the loan...

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