Heyman v. Dooley
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the instance of the defendants, the Court (Piielps, J.,) instructed the jury to find a verdict for the defendants, because the evidence showed that the contract was in default on the 1st of October, 1891, and that no notice of such default was given by the plaintiff to the defendants until the McAfee Brothers had become insolvent, and had made a deed of trust for the…
Read the full summary
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the instance of the defendants, the Court (Piielps, J.,) instructed the jury to find a verdict for the defendants, because the evidence showed that the contract was in default on the 1st of October, 1891, and that no notice of such default was given by the plaintiff to the defendants until the McAfee Brothers had become insolvent, and had made a deed of trust for the benefit of creditors, dated the 10th of November, 1891. To the giving of this instruction the plaintiff excepted, and the…
1Opinion of the CourtRobinson, J.
This is an action upon the following contract of guaranty:
“Baltimore, Md., July 29th, 1891.
“We have this day sold to J. Heyman 500 cases No. 3 tomatoes — guarantee against swells and imperfec*165tions — to be delivered on buyers’pavement in the month of Sept., 1891. Terms §150 cash, and—
McAfee Bros.
“We, the undersigned, hereby guarantee the fulfilment of the above contract.”
“James Dooley, No. 846 Harford Avenue.
K. Thalheimer, No. 1105 Broadway.”
The original contract and the guaranty were written on the same paper, and were both delivered at the same time to the plaintiff, upon the faith of which…
2Cases cited7 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Howard v. CarpenterCourt of Appeals of Maryland · 1857
- Frank v. MillerCourt of Appeals of Maryland · 1873
- Hutton v. PadgettCourt of Appeals of Maryland · 1867
- Deutsch ex rel. Kanders v. BondCourt of Appeals of Maryland · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Booth v. Irving National Exchange BankCourt of Appeals of Maryland · 1911
- Ives v. WilliamsSupreme Court of Virginia · 1925
- Masters v. BoyesSupreme Court of Oklahoma · 1914
- Hodgson v. BurroughsCourt of Appeals of Maryland · 1938
6 more not listed; retrieve them via the Exa API.