Orendorff v. Utz
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. David Orendorff and David Utz being partners, dissolved the partnership, Orendorff agreeing to pay all the debts and assume all the liabilities of the firm, and to save said Utz harmless from the same, executed to him a bond of indemnity, in which John Orendorff was joint obligor as surety.
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Appeal from the Circuit Court for Carroll County. David Orendorff and David Utz being partners, dissolved the partnership, Orendorff agreeing to pay all the debts and assume all the liabilities of the firm, and to save said Utz harmless from the same, executed to him a bond of indemnity, in which John Orendorff was joint obligor as surety. Afterwards the said obligors died, and the appellant became the administrator of John Orendorff; and Utz being compelled to pay certain debts due by the firm of Orendorff & Utz, brought suit on the bond against the administrator and recovered judgment for…
1Opinion of the Court
Stewart, J.',
delivered the opinion of the Court.
The suit in this case was brought against Francis H. Orendorff, administrator of John Orendorff, alleging sundry breaches of the bond of the said John, given to the plaintiff, David Utz, to indemnify him against any outstanding debts of the firm of Orendorff & Utz, of which David Orendorff and the plaintiff were the members.
The plaintiff having paid certain claims, alleged to he due by the firm, had, by a former suit against the present defendant, recovered judgment for damages for breaches of the same bond.
Since that recovery, the plaintiff…
2Cases cited4 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Secor v. . SturgisNew York Court of Appeals · 1858
- Butler v. WrightNew York Supreme Court · 1829
- Thruston v. BlackistonCourt of Appeals of Maryland · 1872
3Cited by9 opinions
- Biggs v. McCurleyCourt of Appeals of Maryland · 1892
- Davis v. WinterCourt of Appeals of Maryland · 1937
- Ahl v. AhlCourt of Appeals of Maryland · 1883
- President & Commissioners of Elkton v. SweetCourt of Appeals of Maryland · 1922
- United States Life Insurance v. KielgastAppellate Court of Illinois · 1888
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