Legal Opinion

Forrester v. State ex rel. Kernan

Court of Appeals of Maryland

Decided March 1, 1877PublishedCited by 7 opinions

Appeal from the Superior Court of Baltimore City. The case is sufficiently stated in the opinion of the Court. The jury rendered a verdict for the .plaintiff, and judgment was entered accordingly. The defendant appealed. The hondsmen at least-, are not liable in this action. Because the guardian of Kernan, while he was a minor, and himself, after he became of age, authorized and permitted Forrester to invest the money due Kernan.

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Appeal from the Superior Court of Baltimore City. The case is sufficiently stated in the opinion of the Court. The jury rendered a verdict for the .plaintiff, and judgment was entered accordingly. The defendant appealed. The hondsmen at least-, are not liable in this action. Because the guardian of Kernan, while he was a minor, and himself, after he became of age, authorized and permitted Forrester to invest the money due Kernan. When the auditor’s account was ratified, the money became due and payable by Forrester, trustee, to the guardian of Kernan. Up to that time she had no authority or…

1Opinion of the CourtGrason, J.

This suit was instituted on a trustee’s bond to recover the balance of a sum of money arising from a trustee’s sale made by Forrester, and audited to the appellee, then a minor.

The sureties filed nine pleas, the seventh of which was demurred to, and the demurrer was sustained, and the first question presented in the case is whether the ruling in this respect was correct or not. The plea, alleged that without their knowledge, but to the knowledge of Kernan, Forrester became embarrassed pecuniarily in the fall of 1872, and that Kernan, thus knowing Forrester to be embarrassed, asked him what…

2Cases cited1 opinion

  1. Brengle v. BusheyCourt of Appeals of Maryland · 1874

3Cited by7 opinions

  1. McShane v. Howard BankCourt of Appeals of Maryland · 1890
  2. Gillett v. WileyIllinois Supreme Court · 1888
  3. Lake v. ThomasCourt of Appeals of Maryland · 1897
  4. Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
  5. Kurdle v. BrookmeyerCourt of Appeals of Maryland · 1937

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