Second German American Building Ass'n v. Newman
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the trial the defendant offered four prayers, which need not he set out, and which the Court (G-arey J.,) rejected; and gave the following instruction: The jury are instructed that if they shall find that the defendant is a building association duly incorporated, and that the plaintiff was a member of the same as a holder of twenty shares therein, and that he obtained on…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the trial the defendant offered four prayers, which need not he set out, and which the Court (G-arey J.,) rejected; and gave the following instruction: The jury are instructed that if they shall find that the defendant is a building association duly incorporated, and that the plaintiff was a member of the same as a holder of twenty shares therein, and that he obtained on said shares from defendant $4000, and for repayment of the same executed to defendant the mortgage given in evidence; and…
1Opinion of the CourtBartol, C. J.
This suit was instituted by the appellee to recover money alleged to have been paid by him, in excess of legal interest, upon a mortgage held by the appellant.
It appears from the record, that the mortgage was dated May 4th 1874; on the 2th day of October 1876, the appellee applied to the Association for a release of the mortgage, and the Association claimed as the amount due thereon the sum of $2160. The appellee objected to the claim as excessive, but paid the same and thereupon the mortgage was released.
This suit was brought in May 1877, and the appellee seeks to recover back a part of the…
2Cases cited5 opinions
- Davis v. StateCourt of Appeals of Maryland · 1854
- Parkinson v. StateCourt of Appeals of Maryland · 1859
- Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
- Mayor of Annapolis v. StateCourt of Appeals of Maryland · 1869
- County Commissioners v. Franklin Rail RoadCourt of Appeals of Maryland · 1871
3Cited by19 opinions
- Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
- Commonwealth v. BrownSupreme Court of Virginia · 1895
- Brenner v. PlittCourt of Appeals of Maryland · 1943
- Garrison v. HillCourt of Appeals of Maryland · 1895
- Binion, Sheriff v. Oklahoma Gas Electric Co.Supreme Court of Oklahoma · 1910
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