Smith v. Merritt Savings & Loan, Inc.

Although many of the facts in this appeal are bizarre, there is a single question presented for our decision, i.e., whether the Circuit Court for Cecil County, in Equity (Rasin, C. J.), erred in finding that the appellant, Robert Lee Smith, was bound by ratification on a mortgage for $8,500.00 to the appellee, Merritt Savings and Loan, Inc. (Merritt), executed by Mary E. Smith, the appellant’s wife, in their joint names, acting, so far as Mr. Smith was concerned, upon a purported power of attorney upon which Mr. Smith’s name was forged.

Mr. and Mrs. Smith were married in 1952. They purchased,…