Frederick-Town Savings Institution v. Michael
Court of Appeals of Maryland
Appeal from a pro forma judgment of the Circuit Court for Frederick County. This was an action of assumpsit by the appellant against the appellee and Wm. Wilcoxon, surviving makers of the following promissory note: “ Frederick, Md., Aug. 4, ’92. Six months after date, we jointly and severally promise to pay to the order of the Frederick-Town Savings Institution, five thousand dollars, for value received, negotiable and payable at the Frederick-Town Savings Institution.”
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Appeal from a pro forma judgment of the Circuit Court for Frederick County. This was an action of assumpsit by the appellant against the appellee and Wm. Wilcoxon, surviving makers of the following promissory note: “ Frederick, Md., Aug. 4, ’92. Six months after date, we jointly and severally promise to pay to the order of the Frederick-Town Savings Institution, five thousand dollars, for value received, negotiable and payable at the Frederick-Town Savings Institution.” (Signed), Wm. Wilcoxon, Andrew J. Wilcoxon, Jno. L. Michael. The defendant, Michael, filed the general issue plea and a…
1Dissent
McSherry, J.,
delivered the following dissenting opinion, in which Bryan and Briscoe, JJ., concur:
In March, 1893, Wilcoxon was indebted to the Frederick-Town Savings Institution in the sum of eleven thousand three hundred dollars on four promissory notes, of which two were overdue and two had not yet matured. There were sureties upon each of these notes. . Failing, after considerable pressure brought to bear by the bank, to give additional security, Wilcoxon finally agreed to execute and the bank consented to accept a mortgage upon Wilcoxon’s real estate to secure the entire indebtedness.…
2Cases cited5 opinions
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
- Haines v. PearceCourt of Appeals of Maryland · 1874
- Hoopes v. StrasburgerCourt of Appeals of Maryland · 1873