State ex rel. Millard & Waring v. Green
Court of Appeals of Maryland
Appeal from Charles County Court, Debt, brought bn tho 28th of Juné 1813, on an administration bond, executed to the State on the 8th of March 1800, by Henry Stew* art, as administrator de bonis non of Joshua Stewart, with Leonard J. Ferrell, and the defendant, (now appellee,) his suretiesl The defendant pleaded genera! perfm manee, to which there was a replication of nonperformance, and assigning as a breach, that on the 27th June 1799, the intes-tafe was indebte.d to…
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Appeal from Charles County Court, Debt, brought bn tho 28th of Juné 1813, on an administration bond, executed to the State on the 8th of March 1800, by Henry Stew* art, as administrator de bonis non of Joshua Stewart, with Leonard J. Ferrell, and the defendant, (now appellee,) his suretiesl The defendant pleaded genera! perfm manee, to which there was a replication of nonperformance, and assigning as a breach, that on the 27th June 1799, the intes-tafe was indebte.d to Millard and Waring, at whose instance and for whose use the action was brought, in the sum of ¡fil 5 18 j 0, for goods,…
1Opinion of the CourtDorset, J.
This was an action brought on an administration bond for the use of Millard and Waring, against the defendant, who was one of the securities of Henry Stewart, the administrator of Joshua Stewart. The declaration is in the common form. The defendant pleaded performance. The State replied, that the intestate in his life-time being indebted to Millard and Waring in the sum of J515 18 10, for goods sold and delivered by them, promised to pay them that sum, and that neither the intestate, nor the administrator, al*543though assets had come to his hands sufficient to pay ali the debis of the intestate,…
2Cited by2 opinions
- Shpritz v. Baltimore Trust Co.Court of Appeals of Maryland · 1926
- Baltimore Trust Co. v. ShpritzBaltimore City Superior Court · 1925