Albers v. Wilkinson
Court of Appeals of Maryland
Appeal from Calvert county court. Debt on a single bill for $649 87, dated August 12th, 1830, at sixty days, signed, Wilkinson and Holland, and payable to the appellant, who instituted the present action upon it, against both the obligors, on the 11th of October, 1831. Upon the facts as stated by the judge who delivered the opinion of this court, the county court (Dorset, Ch. J., and Kilgour, and Wilkinson, A. J’s.) rejected the plaintiff’s evidence, and the verdict and…
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Appeal from Calvert county court. Debt on a single bill for $649 87, dated August 12th, 1830, at sixty days, signed, Wilkinson and Holland, and payable to the appellant, who instituted the present action upon it, against both the obligors, on the 11th of October, 1831. Upon the facts as stated by the judge who delivered the opinion of this court, the county court (Dorset, Ch. J., and Kilgour, and Wilkinson, A. J’s.) rejected the plaintiff’s evidence, and the verdict and judgment being for the defendant, the plaintiff appealed to the court of Appeals.
1Opinion of the CourtStephen, J.
In this case a suit was brought on a single bill, signed Wilkinson and Holland, against both of the obligors, who at the time the instrument of writing was executed, were *360partners in trade. In the prosecution of the suit, judgment was obtained against Holland by default. Wilkinson pleaded to issue, and defended himself upon the ground, that the specialty upon which the suit was brought, was not his deed. The single bill being executed by Holland alone, and the principle of law being, that one partner, as such, has no right to bind his co-partner by deed or specialty, without his consent, or…
2Cited by2 opinions
- Herzog v. SawyerCourt of Appeals of Maryland · 1884
- Barker v. AyersCourt of Appeals of Maryland · 1853