Turton v. Dufief
Supreme Court of the United States
Error to the Circuit Court for the District of Maryland. Dufief, acting without compensation and merely as a friend of a certain Mrs. Fowler, then a widow, in July, 1851, lent for her $2000 (money belonging to her) to Wheeler, taking from him a note payable in one year, and a deed of trust or mortgage security amply sufficient to secure the sum lent.
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Error to the Circuit Court for the District of Maryland. Dufief, acting without compensation and merely as a friend of a certain Mrs. Fowler, then a widow, in July, 1851, lent for her $2000 (money belonging to her) to Wheeler, taking from him a note payable in one year, and a deed of trust or mortgage security amply sufficient to secure the sum lent. These were delivered to Mrs. Fowler some time previously to October, 1851. Mrs. Fowler received interest in three, different payments, up to January, 1853, and in March of that year, $500 of the principal. Some time between this last date and…
1Opinion of the CourtJustice Grier
"We do not consider it necessary to vindicate our opinion in affirming the charge of the court below, to enter into a discussion of the law of bailment in general from Coggs and Bernard down to this time, or clearly to define the difference between negligence and gross negligence. The evidence clearly establishes the fact that the defendant “ did diligently and carefully lend and invest the sum of money intrusted to him on good and sufficient security for the repayment thereof.” It is the gravamen of the charge in the plaintiff’s narr. that he did not do so.
The mortgage was a sufficient…
2Cited by1 opinion
- Turton v. DufiefSupreme Court of the United States · 1868