Boyd v. Kienzle
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The plaintiffs below sued the defendants jointly on their obligation under seal, the nature of which is stated in the opinion of the Court. Some of the defendants appeared and pleaded, “ never indebted,”, and nonest factum. Exception. — The plaintiffs offered three prayers, which are omitted, as they were not considered by this Court.
Read the full summary
Appeal from the Superior Court of Baltimore City. The plaintiffs below sued the defendants jointly on their obligation under seal, the nature of which is stated in the opinion of the Court. Some of the defendants appeared and pleaded, “ never indebted,”, and nonest factum. Exception. — The plaintiffs offered three prayers, which are omitted, as they were not considered by this Court. And the defendant offered the following prayer : That the obligation sued upon in this case is a several obligation, and the plaintiffs are therefore not entitled to recover under the pleadings in this case. The…
1Opinion of the CourtBartol, C. J.
The only question presented by this appeal, is whether the obligation set out in the declaration, and offered in evidence, is the joint or the several undertaking of the obligors whose seals are affixed thereto.
' The solution of this question depends upon the true construction of the instrument which is as follows:
“ Whereas Peter Schneider is employed by the Baltimore County Brewing, Malting and Distilling Company, as the manager of said Company. And whereas the said Peter Schneider, is employed and authorized to purchase the malt and hops for said Brewery. And whereas each of the Directors…
2Cases cited3 opinions
- Parrish v. StateCourt of Appeals of Maryland · 1859
- Grahame v. Harris, Parran & Co. ex rel. HarrisCourt of Appeals of Maryland · 1833
- Jacobs v. DavisCourt of Appeals of Maryland · 1871
3Cited by10 opinions
- Lohss and Sprenkle v. StateCourt of Appeals of Maryland · 1974
- Williams v. Snyder, Adm'rCourt of Appeals of Maryland · 2001
- Casson v. JoyceCourt of Special Appeals of Maryland · 1975
- Boyd v. SnyderCourt of Appeals of Maryland · 1878
- Schulte v. KellyMichigan Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.