Legal Opinion

City Bank v. Smith

Court of Appeals of Maryland

Decided December 15, 1831PublishedCited by 6 opinions

Appeal from the Court of Chancery. The present hill was filed by the appellants, the President and Directors of the City Bank of Baltimore, James Sterrett and others, against the appellee, on the 16th day of October, 1827: it stated that James Sterrett, with one Eli Simkins, and John P. Usher, parties complainants, carrying on business under the firm of Simkins and Usher, and Covert Haskins, contracted with the managers of the Washington Monument Lottery, 3d class, for the…

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Appeal from the Court of Chancery. The present hill was filed by the appellants, the President and Directors of the City Bank of Baltimore, James Sterrett and others, against the appellee, on the 16th day of October, 1827: it stated that James Sterrett, with one Eli Simkins, and John P. Usher, parties complainants, carrying on business under the firm of Simkins and Usher, and Covert Haskins, contracted with the managers of the Washington Monument Lottery, 3d class, for the purchase of the scheme: that the appellees, James Smith and W. H. Clendenin, being indebted to the said James Sterrett,…

1Opinion of the Court

Buchanan, Ch. J.,

delivered the opinion of the court.

The note given by the defendant to James Sterrett, to secure the payment of which, the mortgage to Sterrett was executed, was for the price of a number of tickets in the Washington Monument Lottery, third class, (the scheme of which had been purchased from the managers by Sterrett and others,) and payable by its tenor, in cash or prize tickets in that lottery, fifty days after the drawing should be completed. The drawing of the lottery was completed on the 12th of December, 1817, and the bill being for the fore-closure of the mortgage,…

2Cited by6 opinions

  1. Wylie v. KirbyCourt of Appeals of Maryland · 1911
  2. Rose & Crown, Ltd. v. Shaw Enterprises, Inc.Court of Special Appeals of Maryland · 1975
  3. Oesting v. City of New BedfordMassachusetts Supreme Judicial Court · 1912
  4. Borden Mining Co. v. H. & W. A. Hitchins Coal Co.Court of Appeals of Maryland · 1932
  5. Earle v. DawesHigh Court of Chancery of Maryland · 1849

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