Creager v. Brengle
Court of Appeals of Maryland
Appeal from the Court 'of Chancery. The bill states # ~ _ Ceorge Creager, senior, being indebted to Thomas "Burke, ih 81000; on the 1st of May, 1808, executed, with 7 7 J7 7 7 Brengle, the complainant, (now appellee,) as his surety, a j0’ttt and several bond in Burke’s favour; that the interest was paid thereon to the 10th April 1810, and that the complamant had himself paid 8300 of the principal debt.
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Appeal from the Court 'of Chancery. The bill states # ~ _ Ceorge Creager, senior, being indebted to Thomas "Burke, ih 81000; on the 1st of May, 1808, executed, with 7 7 J7 7 7 Brengle, the complainant, (now appellee,) as his surety, a j0’ttt and several bond in Burke’s favour; that the interest was paid thereon to the 10th April 1810, and that the complamant had himself paid 8300 of the principal debt. That afterwards the bond came into the hands of John Gebhart, who Instituted separate suits against the obligors, in Burke’s name, for his use, and obtained judgments for the balance due, &c.…
1Opinion of the CourtDorsey, J.
In examining the decree of the chancellor, the first inquiry ■which must engage the attention of the court is this-—Was the money paid by George Creager, junior, to. Gebhart, the menoy of George Creager, senior, or was it the money of the former, and paid by him in purchase of the judgments? The complainant in his bill charges that the money was for-, nished by the elder Creager, 'and paid by Creager, junior,, to Gebhart, in satisfaction of the judgments-. Creager, the. ■younger, in his answer swears, that no part of the money was furnished by Creager, senior, that he borrowed the same from…
2Cited by7 opinions
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- Wallace v. JonesCourt of Appeals of Maryland · 1909
- Lawson v. SnyderCourt of Appeals of Maryland · 1851
- Neptune Insurance v. DorseyHigh Court of Chancery of Maryland · 1850
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