Newcomer v. Kline
Court of Appeals of Maryland
Appeal- from the equity side of Washington County Court. On the 18th December 1837, Alfred Kline, filed his bill alleging, that on or about the 12th of April 1836, a certain Joseph Newcomer of said county, applied to your orator to loan him the sum of $310; that your orator agreed to lend him the said sum-, provided the said Newcomer would give your orator his bond with good security for the same; that the said Joseph Newcomer thereupon applied to a certain John Stonebraker…
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Appeal- from the equity side of Washington County Court. On the 18th December 1837, Alfred Kline, filed his bill alleging, that on or about the 12th of April 1836, a certain Joseph Newcomer of said county, applied to your orator to loan him the sum of $310; that your orator agreed to lend him the said sum-, provided the said Newcomer would give your orator his bond with good security for the same; that the said Joseph Newcomer thereupon applied to a certain John Stonebraker to become his security in the premises, and the said Stonebraker consented and agreed so to do, it being distinctly…
1Opinion of the CourtStephen, J.
We think that the decree of the court below in this case was correct, and ought to be affirmed. The complainant had not full and adequate remedy at law, and was therefore entitled to the relief which he solicited at the hands of a court of equity. The instrument executed by the principal and his surety, was intended to be a joint and several single bill, for the payment of money lent. By mistake and accident, as charged in the bill, to which there was a demurrer, the word “dollars” was omitted by mistake, in consequence of which the. plaintiff was deprived of the specific security which was…
2Cases cited1 opinion
- Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
3Cited by4 opinions
- Aetna Indemnity Co. v. Baltimore, Sparrows Point & Chesapeake Railway Co.Court of Appeals of Maryland · 1910
- Criss v. EnglishCourt of Appeals of Maryland · 1865
- Nelson v. Chesapeake Construction Co.Court of Appeals of Maryland · 1930
- Clarke v. Lancaster's LesseeCourt of Appeals of Maryland · 1872