Schindel v. Gates
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This suit was instituted by the appellee on the 4th day of February, 1876, against Jonathan Middlekauff and the appellant, to recover the amount of a joint and several promissory note for $765.00, dated March 31, 1866, payable in one year with interest, from date, signed by Jonathan Middlekauff, and the appellant, Lewis Schindel.
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Appeal from the Circuit Court for Washington County. This suit was instituted by the appellee on the 4th day of February, 1876, against Jonathan Middlekauff and the appellant, to recover the amount of a joint and several promissory note for $765.00, dated March 31, 1866, payable in one year with interest, from date, signed by Jonathan Middlekauff, and the appellant, Lewis Schindel. At the trial, Schindel pleaded non-assumpsit, limitations, and that he was the mere surety for Middlekauff, and gave him no authority to do any act so as to revive the note against him, and thereby defeat his plea…
1Opinion of the CourtRobinson, J.
This case has been argued with commendable zeal and ability, .but Ellicott vs. Nichols, 7 Gill, 86, is, we think, conclusive as to the question presented by the record.
Prior to Lord Tenderden’s Act, and the Mercantile Law Amendment Act of 1856, it was settled in England, that part payment by one, of two or more joint and several makers of a note, was sufficient to prevent the bar of the Statute of Limitations, and this too without regard to whether such payment was made before or after the statute had attached. Parkham vs. Raynal, 2 Bing., 306 ; Wyatt vs. Hodson, 8 Bing., 309 ; Rew vs.…
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