McCahan v. Columbian Building Ass'n
Court of Appeals of Maryland
Appeal from tb.e Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception—The defendant prayed the Court to instruct the jury as follows: 1st. That if the jury shall find from all the evidence in the cause, that the defendant received a loan from the plaintiff, and to secure the same, executed the mortgage offered in evidence, bearing date the 29th day of June, 1868, and subsequently,- in lieu of said mortgage executed the mortgage bearing…
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Appeal from tb.e Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception—The defendant prayed the Court to instruct the jury as follows: 1st. That if the jury shall find from all the evidence in the cause, that the defendant received a loan from the plaintiff, and to secure the same, executed the mortgage offered in evidence, bearing date the 29th day of June, 1868, and subsequently,- in lieu of said mortgage executed the mortgage bearing date the 23rd day of November, 1870, and that the said defendant paid to the plaintiff the sum of $785, as dues to the…
1Opinion of the CourtMiller, J.
This case has been re-argued under an order to that effect passed at our last term, and must now be disposed of. It is an action of assumpsit by a building association to recover a balance alleged to be due under a mortgage executed to it by one of its members. We shall first state our understanding of the case as disclosed by the record and evidence in the bill of exceptions. This is necessary to a clear comprehension of the questions we propose to decide.
The mortgage from the appellant to the appellee “The Columbian Building Association of East Baltimore No. 2,” a body corporate duly…
2Cases cited3 opinions
- Shannon v. Howard Mutual Building Ass'nCourt of Appeals of Maryland · 1872
- Lister v. Log Cabin Building Ass'nCourt of Appeals of Maryland · 1873
- McCoy v. BoyleCourt of Appeals of Maryland · 1857
3Cited by4 opinions
- Young v. Improvement Loan & Building Ass'nWest Virginia Supreme Court · 1900
- Hekelnkæmper v. German Building & Savings Ass'nSupreme Court of Kansas · 1879
- Watson v. Alice Anna Street Loan & Savings Ass'nCourt of Appeals of Maryland · 1930
- Georgia State Building & Loan Ass'n v. American Investment & Loan Co.Supreme Court of Georgia · 1897