Carlysle v. Carlysle
Court of Appeals of Maryland
Appeal from the Orphans Court of Baltimore county. - The appellant filed a petition in the court below, alleging that in September 1853, he had in his hands $4650 of his ward’s money, which he desired to invest in a mortgage upon real estate; that Jacob F. ICridler, then regarded as a respectable and thriving business man, applied to him for the loan of this sum, upon the security of a house and lot worth from $8,000 to $10,000, upon which was a prior mortgage of $2500,…
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Appeal from the Orphans Court of Baltimore county. - The appellant filed a petition in the court below, alleging that in September 1853, he had in his hands $4650 of his ward’s money, which he desired to invest in a mortgage upon real estate; that Jacob F. ICridler, then regarded as a respectable and thriving business man, applied to him for the loan of this sum, upon the security of a house and lot worth from $8,000 to $10,000, upon which was a prior mortgage of $2500, which Kridler agreed to have released; that deeming this security ample, he employed an attorney to investigate the title…
1Opinion of the CourtEccljeston, J.
The present case is designed to settle the question, whether the loss resulting from the loan to Kridier, by 13. Carlisle, the guardian of D. Carlisle, shall fall upon the guardian or on his ward ? The decision below was in favor of the ward, throwing the loss on the guardian.
It will be proper, in the first place, to notice certain acts of Assembly having an important bearing upon the matter in controversy.
The act of 1816, ch. 154, which relates to sales of the real estate of minors, by the 5th section, directs the proceeds of such sales to be paid over by the trustees to the guardians, *446and…
2Cases cited1 opinion
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
3Cited by15 opinions
- Redman v. ChanceCourt of Appeals of Maryland · 1870
- Indiana Trust Co. v. GriffithIndiana Supreme Court · 1911
- Scott v. FoxCourt of Appeals of Maryland · 1859
- Blaen Avon Coal Co. v. McCullohCourt of Appeals of Maryland · 1883
- Fidelity & Deposit Co. v. FreudCourt of Appeals of Maryland · 1911
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