McGuire v. Benoit
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of replevin, instituted by the appellant against the appellees, to recover possession of certain personal property which had been mortgaged by the latter to the former. The facts of the case are sufficiently stated in the opinion of the Court.
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Appeal from the Court of Common Pleas. This was an action of replevin, instituted by the appellant against the appellees, to recover possession of certain personal property which had been mortgaged by the latter to the former. The facts of the case are sufficiently stated in the opinion of the Court. Exception: The plaintiff prayed the Court to instruct the jury, that if they believe from the evidence that at the time of the institution of this suit, the promissory note, payable three months after date, mentioned in the mortgage produced by the plaintiff, was due and unpaid, and that there…
1Opinion of the CourtAlvey, J.
This is an action of replevin, instituted on the 17th of February, 1869, to recover certain goods and chattels from the appellees that they had previously mortgaged to the appellant, the plaintiff below.
The mortgage is dated the 1st of November, 1868, and was made to secure the payment of two promissory notes of that date, payable at three and six months from date respectively.
The mortgage contains, besides a covenant to pay the notes at maturity, covenants in reference to insurance of the property mortgaged, and for the completion of certain partnership engagements, &c., and among its…
2Cases cited1 opinion
- Cumberland Coal & Iron Co. v. TilghmanCourt of Appeals of Maryland · 1859
3Cited by6 opinions
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1930
- Miller v. HorowitzCourt of Appeals of Maryland · 1937
- Shorter v. DailCourt of Appeals of Maryland · 1913
- Griffin v. WilmerCourt of Appeals of Maryland · 1920
- Windsor Construction Corp. v. KolkerCourt of Appeals of Maryland · 1941
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