Callahan v. Linthicum
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. On the 1st day of June, 1869, the appellee conveyed certain real estate to the appellant and took from him a mortgage bearing date the 5th of June, 1869, to secure the balance of the purchase money.
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Appeal from the Court of Common Pleas. On the 1st day of June, 1869, the appellee conveyed certain real estate to the appellant and took from him a mortgage bearing date the 5th of June, 1869, to secure the balance of the purchase money. At the time of the sale and conveyance to the appellant, the appellee held a policy of insurance on the buildings on said farm, issued by the Mutual Fire Insurance Company of Montgomery County, and notified the Company of the sale and conveyance, and of the fact that he held a mortgage on the property for the balance of the purchase money. The buildings on…
1Concurrence
Stewart, J.,
delivered the following concurring opinion: Linthicum, the appellee, held a policy of insurance on the buildings upon certain property which he sold to Callahan, the appellant, on the 1st of June, 1869, taking a mortgage on the 5th of June, 1869, from him to secure the balance due of the purchase money.
*105The buildings were destroyed by fire in the following December, and Linthicum told Callahan he would try and get the insurance money, some $800, from the company, and if he got it, he would give it to him on the last payment of the mortgage ; he promised to give it to him or allow…
2Cases cited5 opinions
- State ex rel. Stevenson v. ReigartCourt of Appeals of Maryland · 1843
- Magruder v. CarrollCourt of Appeals of Maryland · 1853
- Penn v. Flack & CooleyCourt of Appeals of Maryland · 1831
- Kennedy v. Baltimore InsuranceCourt of Appeals of Maryland · 1813
- Murphey v. BarronCourt of Appeals of Maryland · 1827