Clagett v. Salmon
Court of Appeals of Maryland
Appeal from the Court of Chancery. A statement of this case was given by the Judge who delivered the opinion of this court, as follows, viz: The bill states that Thomas Clagett, one of the defendants, having a short time previous to the 22d of September, 1827, engaged in business in the city of Baltimore, as a merchant, the complainant agreed and undertook to give credit to, and to become surety and endorser on notes drawn by said Clagett, in the prosecution of his said…
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Appeal from the Court of Chancery. A statement of this case was given by the Judge who delivered the opinion of this court, as follows, viz: The bill states that Thomas Clagett, one of the defendants, having a short time previous to the 22d of September, 1827, engaged in business in the city of Baltimore, as a merchant, the complainant agreed and undertook to give credit to, and to become surety and endorser on notes drawn by said Clagett, in the prosecution of his said business to the amount of $10,000; and the said Thomas Clagelt, and his mother, and several of his brothers, with a view to…
1Opinion of the CourtStephen, J.
The decision of this case involves the consideration of several important principles of equitable jurisprudence, relative to the doctrine of substitution, and the rights, duties, and obligations resulting from the relation of principal and surety. (And here the judge referred to the statement of the cause as set forth in the commencement of this report.)
The defendants appealed from this decree, and contended that it should be reversed, because the complainant has no equitable right or claim to any part of the personal property mentioned in the aforesaid mortgage, the said property being in…
2Cases cited4 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Kirby v. TaylorNew York Court of Chancery · 1822
- Sturges v. RobbinsMassachusetts Supreme Judicial Court · 1811
- Eastburn v. KirkNew York Court of Chancery · 1817
3Cited by16 opinions
- George v. AndrewsCourt of Appeals of Maryland · 1883
- Chicago Title Insurance v. Lumbermen's Mutual Casualty Co.Court of Special Appeals of Maryland · 1998
- Cushwa v. CushwaCourt of Appeals of Maryland · 1853
- Asbell v. Marshall Building & Loan Ass'nCourt of Appeals of Maryland · 1928
- Better v. WilliamsCourt of Appeals of Maryland · 1954
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