Rosenstock v. Ortwine
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action brought by the appellee to recover from the appellants money claimed to he due him under their acceptance, or an order drawn upon them in his favor. The case is stated in the opinion of the' Court.
Read the full summary
Appeal from the Superior Court of Baltimore City. This was an action brought by the appellee to recover from the appellants money claimed to he due him under their acceptance, or an order drawn upon them in his favor. The case is stated in the opinion of the' Court. First Exception. — At the trial the plaintiff offered the two following prayers : 1. If the jury shall find from the evidence, that the order mentioned in the evidence as given by D. W. Caskey on the defendants, and accepted hy them on 10th of September, 1872, was so given and accepted, and that the plaintiff furnished the bricks…
1Opinion of the CourtBowie, J.
The defendants’ first prayer, which was conceded, affirms that the order and acceptance thereof by the defendants, on which the action is brought, are conditional only, and the right of the plaintiff to recover depends precisely upon the same conditions which the mortgage required to he performed by Caskey himself, before he would become entitled to the advance of the money now in question. This concession renders the construction of the contract, between the mortgágor and mortgagees, a necessary preliminary to the decision of the case, if not the vital question.
Whether right or wrong, the…
2Cases cited3 opinions
- Haney v. MarshallCourt of Appeals of Maryland · 1856
- Adams v. CapronCourt of Appeals of Maryland · 1864
- Baugher v. WilkinsCourt of Appeals of Maryland · 1860
3Cited by8 opinions
- Gill v. StaylorCourt of Appeals of Maryland · 1901
- Baltimore High Grade Brick Co. v. AmosCourt of Appeals of Maryland · 1902
- Pen Mar Co. v. AshmanCourt of Appeals of Maryland · 1927
- Baltimore Consolidated Railway Co. v. State Ex Rel. O'DeaCourt of Appeals of Maryland · 1900
- Groh v. SouthCourt of Appeals of Maryland · 1913
3 more not listed; retrieve them via the Exa API.