Legal Opinion

Marine Bank v. Stirling

Court of Appeals of Maryland

Decided February 3, 1911PublishedCited by 4 opinions

Appeal from the Circuit Court for. Wicomico County. (Pattisox, C. J., and Jcotes, J.). The prayers offered in the case were as follows: Plaintiff's 1st Prayer.—The jury are instructed, that, if they shall find from the evidence that the plaintiff made the deposits in the savings department- of the defendant bank, as they are entered in the bank pass books offered in evidence, and withdrew from said savings bank account the ainonnts appearing in the said savings bank pass…

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Appeal from the Circuit Court for. Wicomico County. (Pattisox, C. J., and Jcotes, J.). The prayers offered in the case were as follows: Plaintiff's 1st Prayer.—The jury are instructed, that, if they shall find from the evidence that the plaintiff made the deposits in the savings department- of the defendant bank, as they are entered in the bank pass books offered in evidence, and withdrew from said savings bank account the ainonnts appearing in the said savings bank pass books, then their verdict must be for the plaintiff, in the amount, if any, which they may find to be to the credit of…

1Opinion of the CourtBoyd, C. J.

The appellee sued the appellant to recover a balance due him on his account with the bank in its savings department. The defendant plead the general issue, payment and set-off. The appellee had two accounts in the bank—one in the savings department and the other being what is spoken of as his “cheeking account”—and the plea of set-off was based on the claim of the appellant that the appellee had largely overdrawn his “checking account” and owed it considerably more than the amount admitted to be deposited in his savings account. There are seventeen bills of exception in the record, sixteen of…

2Cases cited1 opinion

  1. United Railways & Electric Co. v. ClomanCourt of Appeals of Maryland · 1908

3Cited by4 opinions

  1. Owens-Illinois, Inc. v. ArmstrongCourt of Appeals of Maryland · 1992
  2. Parr Construction Co. v. PomerCourt of Appeals of Maryland · 1958
  3. Adkins v. HastingsCourt of Appeals of Maryland · 1921
  4. Peoples National Bank v. RhoadesSuperior Court of Delaware · 1913

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