Awalt v. Eutaw Building Ass'n, No. 4
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellant, to recover from the appellee an alleged over-payment, made under the circumstances set forth in the opinion of the Court.
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Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellant, to recover from the appellee an alleged over-payment, made under the circumstances set forth in the opinion of the Court. Exception: The plaintiff prayed the Court to instruct the jury as follows: If the jury find from the evidence that the plaintiff borrowed from the defendant the sum of $3,000, and paid to it, on account thereof, $807.50, leaving due $2,192.50, and that in order to obtain a release of the mortgage given to secure the sum so loaned, he was compelled to pay, and did pay, on…
1Opinion of the CourtRobinson, J.
The appellant having executed a mortgage to secure the payment of $3,000 loaned by the appellee, made application to have the property released from the effect and operation of said mortgage. As a condition precedent to the execution of said release, the appellee demanded of the appellant the payment of the sum of $2,515.90, claiming the same to be due under the mortgage. To the payment of this sum the appellant objected, alleging that there was only due on account of said mortgage, $2,192.50, but, in order to have the property released, with full knowledge of the facts, and without any…
2Cases cited2 opinions
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Lester v. Mayor of BaltimoreCourt of Appeals of Maryland · 1868
3Cited by11 opinions
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- Washington Suburban Sanitary Commission v. C.I. Mitchell & Best Co.Court of Appeals of Maryland · 1985
- Bexar Building & Loan Ass'n v. RobinsonTexas Supreme Court · 1890
- Jones v. Sherwood Distilling Co.Court of Appeals of Maryland · 1926
- Adams v. SmithNevada Supreme Court · 1886
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