53 Md. 155 | Md. | 1880
delivered tbe opinion of the Court.
Mrs. Mary E. Hamill died intestate and without issue ■on the 13th of November, 1877, leaving her husband, Alexander Hamill, surviving her, and on the 16th of May, 1878, he also died intestate. Letters of administration were then granted upon the estates of each, the appellants being the administrators of the husband, and the appellee the administrator of the wife. • At the time of her death Mrs. Hamill owned in her own right five $1000 United States five-twenty coupon bonds, and $1100 of what is termed Baltimore City Stock. On the 28th of February, 1879,. the administrator of the wife brought an action of trover against the appellants for the ■conversion of these bonds and this stock. The plea was not guilty, and the case was tried before the Court without the intervention of a jury.
By the Code, Art. 45, sec. 2, the “ personal property” •of the wife in case she dies intestate and leaving no children, is vested in the husband absolutely, but by Art. 93, sec. 32, it is provided: “If the intestate be a married woman, it shall not he necessary for her husband to take out administration, but all her choses in action shall devolve on her husband, in the same manner as if he had taken out such administration; Provided, that if he shall not in his life-time reduce the said choses in action into possession, or'obtained judgment .thereon, the said ■choses in action shall devolve on her representatives, and administration may be granted accordingly.” It is
1st. Are these bonds and stock dioses in action within the contemplation of the section of the Code above referred to ?
2nd. If they are dioses in action did the husband in his-life-time, and after the death of his wife, reduce them into his possession ?
1st. As to the city stock but little need be said. TheOity of Baltimore negotiated loans, and issued to the-lenders certificates acknowledging its indebtedness to them respectively for the several amounts borrowed, to be paid at a fixed future day, with interest at a fixed rate payable quarterly or semi-annually. These certificates are transferable only at the Mayor’s office in person or by attorney, and on delivery of the certificate to the transferee. At her death, Mrs. Hamill held and owned two of these certificates, one for $800, and the other for $300. Certificates thus evidencing the debts or obligations of a municipal corporation are unquestionably dioses in action. They fall within the strictest definition of those terms, have been so regarded by every text writer, and so adjudged by all the authorities in which the question has arisen.
It has been argued that the five-twenty bonds are notdioses in action because no suit upon them can be brought against the United States. But if they are not dioses in action what are they, and under what description of property or rights known to the law do they come ? It is clear that whatever other qualities they may have, they are not
2nd. The question whether the surviving husband during his life, and after the death of his wife, reduced them into his possession is equally free from difficulty. When Mrs. Hamill died the bonds were on special deposit in the Safe Deposit Company, where they had remained so on deposit since the 15th of December, 1871. The receipt given by the treasurer of that company on the last mentioned day, shows that Mrs. Hamill had deposited the bonds for safe-keeping “ through Alex. Hamill and subject to order of either.” At her death this receipt and the certificates for the city stock, were in the possession of her brother Mr. Bokee, and he, after her death, on the 9th of April, 1878, delivered them to her surviving husband, (taking his receipt therefor) who was then sick and infirm and remained unable to leave his house up to the time of his death. After the 9th of April, 1878, his son James, at his request, applied to Mr. Robb,’ the City Register, to
We do not mean to say what ought to have been done by the husband, or what acts on his part would have been sufficient to effect a reduction of these dioses in action into his possession, but simply to decide that what was done in this case was wholly insufficient for that purpose. He never obtained manual possession of the bonds, (though we do not mean to say that would have been enough,) nor did he effect a transfer of the city stock into his own name. There is nothing to show he was not able at some time after the death of his wife, and before the 9th of April, 1878, to go in person to the Company’s office, obtain the bonds and assign them for a valuable consideration, or sell them, or exchange them for other securities, and also to the Mayor’s office and have the transfer of the
3rd. It was further argued that trover will not lie for the certificates of city stock, and that no recovery should he had on account thereof, because the stock still stands in the name of the wife on the hooks of the City Register and her administrator now owns it, if it does not belong to the husband’s representatives. But by the terms of the certificates themselves, the stock can only he transferred at the Mayor’s office upon their return and delivery,, and the defendants have refused to deliver them up on demand of the plaintiff. As was said in the case of Hutchins vs. State Bank, before referred to, a certificate of stock is a muniment of title of the same nature with the note or 'bond'of a private person, ordinarily called a chose in action, and it has heen decided hy this Court that trover may he maintained for the conversion of a promissory note or other chose in action, as well as for other personal property. Winner vs. Penniman, 35 Md., 163. Besides judgment in this action against the defendants, and payment of it will vest in them the legal title to this stock as well as to the bonds. We, therefore, see no error in allowing a recovery on account of these certificates. .
It follows there was no error in the rulings of the Court below upon the several prayers, and the judgment must he affirmed.
Judgment affirmed, with costs.