Flickinger v. Hull
Court of Appeals of Maryland
Appeal from the equity side of Carroll County Court, from an order continuing an injunction. The bill in this cause was filed by the appellee on the 1st October, 1845, and alleged that about the year 1820 Jacob Snyder was appointed by the Orphans court of Frederick county, guardian to Matilda Flickinger an infant, who has since intermarried with one Reuben Rachner, and that your orator and one John Flickinger became the securities in the guardian bond of said Snyder, which…
Read the full summary
Appeal from the equity side of Carroll County Court, from an order continuing an injunction. The bill in this cause was filed by the appellee on the 1st October, 1845, and alleged that about the year 1820 Jacob Snyder was appointed by the Orphans court of Frederick county, guardian to Matilda Flickinger an infant, who has since intermarried with one Reuben Rachner, and that your orator and one John Flickinger became the securities in the guardian bond of said Snyder, which bond was executed on the 1st May, 1820; that the said Jacob Snyder died about the year 1825, and that at the time of his…
1Opinion of the CourtChambers, J.
The bond of Hull, as guardian, and the fact of bis charging himself with the amount due from Snyder, the former guardian to whom he wras security, made him responsible to the ward for that amount. Where a person in one character is debtor, and the same person in another character is creditor, the law regards the debt as paid by the debtor capacity to the creditor.
This is on the same principle which governs in the case where a man has several capacities, and is found in possession of property, the law will attach the possession to the capacity in which, of right, it ought to be held j so also,…
2Cases cited1 opinion
- Hodges v. Planters' BankCourt of Appeals of Maryland · 1835
3Cited by12 opinions
- Carson v. PhelpsCourt of Appeals of Maryland · 1874
- State ex rel. Gable v. CoaleCourt of Appeals of Maryland · 1879
- State v. BeardsleySupreme Court of Florida · 1919
- Cloverfields Improvement Assoc., Inc. v. Seabreeze Properties, Inc.Court of Special Appeals of Maryland · 1976
- Philbin v. ThurnCourt of Appeals of Maryland · 1906
7 more not listed; retrieve them via the Exa API.