Merryman v. State at the inst. of Harris ex rel. Murray
Court of Appeals of Maryland
Appeal from Baltimore county court. Debt brought oil the 4th of May 1818, in the name of the State, at the instance of T. Harris, and for the use of J. Murray, bn the blind executed on the 23d of November 1811, by William Merryman, as sheriff of Baltimore county, with Caleb and John Merryman as his sureties. The bond was in due form, and was approved by the orphans court of the county on the day of its date.
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Appeal from Baltimore county court. Debt brought oil the 4th of May 1818, in the name of the State, at the instance of T. Harris, and for the use of J. Murray, bn the blind executed on the 23d of November 1811, by William Merryman, as sheriff of Baltimore county, with Caleb and John Merryman as his sureties. The bond was in due form, and was approved by the orphans court of the county on the day of its date. The defendants below, (now appellants,) pleaded general performance, to which the plaintiff, protesting a no'nperfonnarice, replied, that in March 1811, the state, at the instance and for…
1Opinion of the CourtEarle, J.
He paid him in part §1087 52, and after deducting commissions, there still remained in his hands §162 36 due to Harris. For this sum Harris had a good cause of action against Merryman, arid if he had been so disposed might have sued him, and his securities', for it, on his sheriff’s bond. Things being in this situation as between Harris and Merryman, Murray; one bf the securities for Bailey, paid the whole balance due Harris on his judgment against Bailey; deducting the i§1087 52, arid bterlooking the §Í62 36, still in Merry-man’s hands; Murray then paid Harris §162 36, under a mistake, and…
2Cited by9 opinions
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- Moore v. LigonWest Virginia Supreme Court · 1883
- Hall v. ClagettCourt of Appeals of Maryland · 1885
- Simms v. LloydCourt of Appeals of Maryland · 1882
- Merchants' Bank v. Bank of Commerce ex rel. Hoffman & Co.Court of Appeals of Maryland · 1866
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