Briesch v. McCauley
Court of Appeals of Maryland
Appeal from the Equity Side of Washington county court. On the 14th of May 1838, John J. Briesch, the appellant, filed his bill on the equity side of Washington county court, charging, that on the 25th of June 182T, he executed a single bill, payable to a certain Ann Maria Kreps, the wife of a certain William Kreps, for $200, loaned him by said William Kreps.
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Appeal from the Equity Side of Washington county court. On the 14th of May 1838, John J. Briesch, the appellant, filed his bill on the equity side of Washington county court, charging, that on the 25th of June 182T, he executed a single bill, payable to a certain Ann Maria Kreps, the wife of a certain William Kreps, for $200, loaned him by said William Kreps. That at the time of the execution and delivery thereof, it was understood, and so expressed by your orator and said William, that said single bill was payable to the said Ann Maria Kreps, wife of the said William, and with that…
1Opinion of the CourtMartin, J.
There are to be found in the bill filed in this case, three allegations, which, if true, would have entitled the complainant to the protection of a court of equity. They are—
1. That the single bill of the 27th of July 1827, was executed by the complainant in favor of the wife of William Kreps, and that upon her death it devolved upon her husband.
2. That the complainant was the holder of the single bill of the 13th of May 1833, drawn in his favor by the said William Kreps, and which he had, therefore, the right to set off against the first mentioned note. And — ■
3. That the institution of the…
2Cases cited6 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Young v. GrundySupreme Court of the United States · 1810
- Gott v. CarrCourt of Appeals of Maryland · 1834
- Warfield v. GambrillCourt of Appeals of Maryland · 1829
- Dilly v. BarnardCourt of Appeals of Maryland · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crowe v. WilsonCourt of Appeals of Maryland · 1880
- Sisk v. GareyCourt of Appeals of Maryland · 1867
- Fowler v. PayneMississippi Supreme Court · 1873
- Webster v. HardistyCourt of Appeals of Maryland · 1868
- Ewing v. NickleCourt of Appeals of Maryland · 1876
1 more not listed; retrieve them via the Exa API.