Schroeder v. Fink
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was instituted by the appellee against the appellants. The case is stated in the opinion of the Court.
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Appeal from the Court of Common Pleas. This action was instituted by the appellee against the appellants. The case is stated in the opinion of the Court. Exception. — The plaintiff offered the following prayer : If the jury shall find from the evidence, that the plaintiff, in 1873, was the holder, for value, of a promissory note against Louis Schroeder, then deceased, the father of the defendants, and that he delivered up to said defendants said note against their deceased father, in consideration of the promise made by said defendants to said plaintiff, that they would be responsible to him…
1Opinion of the CourtRitchie, J.
The defendants’ tenth prayer, asking the Court to instruct th’e jury that there was no evidence legally sufficient to enable the plaintiff to recover under the first or third count of the declaration, having been conceded, only the second count remains for our consideration.
As set out in this second count, the plaintiff’s cause of action is, that the father of the defendants in his life-time was indebted to the plaintiff, for money lent, on his promissory note for $500, and that after his death, the defendants agreed that if the plaintiff would deliver up to them the ' said promissory note,…
2Cases cited4 opinions
- Seaman v. SeamanNew York Supreme Court · 1834
- Smith v. EastonCourt of Appeals of Maryland · 1880
- Hartle v. StahlCourt of Appeals of Maryland · 1867
- Ecker v. BohnCourt of Appeals of Maryland · 1876
3Cited by9 opinions
- Anderson v. NystromSupreme Court of Minnesota · 1908
- Bradstreet v. CrosbieSupreme Court of Oklahoma · 1926
- Price v. First National BankSupreme Court of Kansas · 1901
- Citizens' Trust Co. v. McDougaldTennessee Supreme Court · 1915
- Dipaula v. GreenCourt of Appeals of Maryland · 1911
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