Clopper's Adm'r. v. Union Bank
Court of Appeals of Maryland
Appear from Baltimore County Court. Assumpsit brought on the 9th of March 1820, by the Appellees, the plaintiffs in the court below, against the Appellant’s intestate. The declaration contained two counts — one on a promissory note drawn on the 23d of June 1819, by Clopper, in favour of Isaac Phillips fy Co. for $3,000, payable sixty days after the date, and endorsed by Phillips fy Co. to the plaintiffs. The other for money lent and advanced.
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Appear from Baltimore County Court. Assumpsit brought on the 9th of March 1820, by the Appellees, the plaintiffs in the court below, against the Appellant’s intestate. The declaration contained two counts — one on a promissory note drawn on the 23d of June 1819, by Clopper, in favour of Isaac Phillips fy Co. for $3,000, payable sixty days after the date, and endorsed by Phillips fy Co. to the plaintiffs. The other for money lent and advanced. The defendant pleaded non assumpsit, and issue was joined. At the trial it was admitted that the note, upon which this action was brought, was one of…
1Opinion of the CourtArcher, J.
We do not conceive, that by any transactions which have taken place between Phillips & Co. and the Union Bank of Maryland, in relation to the promissory note, which is in this suit the subject of litigation, there has been an extinguishment of the original contract. The mortgage taken by the Union Bank *100was only for the purpose of securing to that institution the payment of the securities mentioned in it. The parties to that instrument never intended that it should constitute a new debt, nor did it bind Phillips & Company by any new obligations; hut it was a recognition of the existing…
2Cited by7 opinions
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- Washington Bank v. KrumSupreme Court of Iowa · 1863
- Norris v. DespardCourt of Appeals of Maryland · 1873
- Tudor v. WhitingMassachusetts Supreme Judicial Court · 1815
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