Maughlin v. Tyler
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City. This was an action brought by the appellee against the appellants, as partners, to recover money due for lumber sold to them by the appellee. There was no dispute as to the claim sued on, but the defence was rested entirely upon a release executed by the plaintiff in pursuance of the terms of a deed of trust for the benefit of creditors made by one of the defendants.
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Appeal from the Court of Common Pleas of Baltimore City. This was an action brought by the appellee against the appellants, as partners, to recover money due for lumber sold to them by the appellee. There was no dispute as to the claim sued on, but the defence was rested entirely upon a release executed by the plaintiff in pursuance of the terms of a deed of trust for the benefit of creditors made by one of the defendants. It was conceded that the appellants were partners as to third parties, and it was proved that the said deed of trust was made by only one of the three partners, without the…
1Opinion of the CourtMiller, J.
This suit was brought against three persons as partners, for lumber sold to them by the plaintiff. There was no dispute as to the claim sued on and whatever may have been the relations of the defendants inter sese it was clearly proved, and in fact conceded, that they were partners as to third parties, and that the plaintiff dealt with *549and trusted them as such. The defence was rested entirely upon a release executed by the plaintiff in pursuance of the terms of a deed of trust for the benefit of creditors, made by one of the defendants. This deed conveys “all the lands, tenements, goods and…
2Cases cited4 opinions
- Inloes v. American Exchange BankCourt of Appeals of Maryland · 1857
- Hess v. NewcomerCourt of Appeals of Maryland · 1854
- Citizens Fire, Marine & Life Insurance Co. v. WallisCourt of Appeals of Maryland · 1865
- Maennel v. MurdockCourt of Appeals of Maryland · 1859
3Cited by3 opinions
- Roberts v. RobertsCourt of Appeals of Maryland · 1905
- Jones v. SyerCourt of Appeals of Maryland · 1879
- Buschman v. Forster Clark & Co.Baltimore City Superior Court · 1888