Schroeder v. Turner
Court of Appeals of Maryland
Appeal from the Baltimore City Court. On the 18th of November, 1885, Joseph Sohroeder. trading as Joseph Sohroeder & Co., caused to he issued out of the Baltimore City Court an attachment against Joseph E. Herbert and Ella Herbert, who were then non-residents, in which three promissory notes, aggregating $316.50, drawn by Herbert & Co. to the order of the plaintiff, and endorsed by Ella Herbert, wife of Joseph E. Herbert, were filed as the cause of action.
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Appeal from the Baltimore City Court. On the 18th of November, 1885, Joseph Sohroeder. trading as Joseph Sohroeder & Co., caused to he issued out of the Baltimore City Court an attachment against Joseph E. Herbert and Ella Herbert, who were then non-residents, in which three promissory notes, aggregating $316.50, drawn by Herbert & Co. to the order of the plaintiff, and endorsed by Ella Herbert, wife of Joseph E. Herbert, were filed as the cause of action. The attachment was laid in the hands of Joseph Turner, who filed a motion as garnishee to quash the attachment, and reasons in support of…
1Opinion of the Court
Alvey, C. J.,
delivered the opinion of the Court.-
It does not appear upon what, ground the Court below quashed the attachment; but from the evidence in the record it is made quite clear that there was, in fact, no partnership existing, at the date of the notes sued on, between Joseph E. Herbert and John Dohme, and that the plaintiff did not deal with Herbert as representing' a. partnership ; and, therefore, it could not have been upon the ground that Dohme was not joined as a party to the action, that the attachment was quashed.
The note's sued upon were dated the'20th of Nov., 1884, and the…
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