Excerpt from Opinions and Decrees in the Mexican Cases

The commissioners awarded the sum mentioned in their award to the Mexican Company of Baltimore, as due for arms, vessels, muni tions of war, goods, and money, furnished by the company to General Mina for the service of Mexico in the years 1816 and I817, and gave interest to the company according to the stipulation in the contract with Mina. I have given the words of the award, because they show that the commissioners affirmed the validity of this contract, and directed the amount due by its terms to be paid to the trustees therein named, for the benefit of the parties interested in it.

Proceedings were soon after instituted in a Maryland court of equity against the trustees by persons claiming an interest in the fund; and the money by order of the court was brought into court to be dis tributed among the parties entitled. Many claimants appeared, pre senting conflicting claims for shares in the company.

Goodwin, Gooding, and Williams all became insolvent - Goodwin in 1817, Gooding and Williams in 1819; and their respective trustees appeared in the Maryland court, and claimed the amount due to the insolvent.

On the other hand, the executors of Oliver claimed these three shares - Goodwin's under an assignment made to Oliver by Goodwin in 1829, and the other two under assignments made to him in by George Winchester, who was the trustee of each of them.

The controversies which arose upon the distribution of this fund were removed to the Maryland court of appeals, which is the highest. Court of the State. And in the trial there it was objected that the contract with Mina was in Violation of law, and therefore fraudulent and void, and vested no rights in the members of the company which the law would recognise, and consequently that no right of property in it could vest in the trustee when the party became insolvent.

It may be proper to remark, that under the Maryland insolvent law, all the property, rights and credits belonging to the insolvent at the time of his petition, became vested in his trustee: and he at the same time executes a deed to the trustee, conveying and assigning to him all his property, rights, and credits of every description for the benefit of his creditors. And if the persons above named, at the times of their peti tions in 1817 and 1819, had any interest whatever, either legal or equitable, vested or contingent, under this Mexican contract, it passed to his trustee.

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