Culbertson v. Smith
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This action was instituted by the appellant against the appellee. The case is stated in the opinion of the Court. The prayers of the plaintiff, which the Court (Pearre and Motter, J.,) rejected, are omitted, as they are of unusual length, and their insertion would only encumber the case, without serving to elucidate the questions involved, which are fully presented in the opinion of this Court.
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Appeal from the Circuit Court for Washington County. This action was instituted by the appellant against the appellee. The case is stated in the opinion of the Court. The prayers of the plaintiff, which the Court (Pearre and Motter, J.,) rejected, are omitted, as they are of unusual length, and their insertion would only encumber the case, without serving to elucidate the questions involved, which are fully presented in the opinion of this Court. The defendant offered no prayers. The Court instructed the jury as follows : If the jury shall find that the single bill, offered in evidence in…
1Opinion of the CourtAlvey, J.
This action is founded upon what is alleged to be a guaranty by the appellee of payment of a single bill, made by George G. Smith, the son of the appellee, to the appellant, for $3,663.
The single bill is dated the 1st of May, 1811, and is made payable twelve months after date. It was, on the *631day of its date, delivered to the appellant for money borrowed by Smith; and about nine months thereafter, the appellee wrote her signature, without any thing more, across the back of the note; and over this blank indorsement the appellant, at the trial below, wrote the following:
“In consideration of the…
2Cases cited9 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Gist v. DrakelyCourt of Appeals of Maryland · 1844
- Wyman v. GrayCourt of Appeals of Maryland · 1826
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3Cited by2 opinions
- Seigman v. HoffackerCourt of Appeals of Maryland · 1881
- Highland v. DresserSupreme Court of Minnesota · 1886