Legal Opinion

Sumwalt v. Ridgely

Court of Appeals of Maryland

Decided June 5, 1863PublishedCited by 4 opinions

Appeal from the Superior Court of Baltimore City : This was an action instituted on the 29th day of June, A. D. 1855, by the appellee against the appellant, and ten others, describing them as vestry-men of Saint Stephen’s Episcopal Church of Baltimore City. The narr. in addition to the common counts, contained one special count upon n promissory note.

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Appeal from the Superior Court of Baltimore City : This was an action instituted on the 29th day of June, A. D. 1855, by the appellee against the appellant, and ten others, describing them as vestry-men of Saint Stephen’s Episcopal Church of Baltimore City. The narr. in addition to the common counts, contained one special count upon n promissory note. The plaintiff filed with the narr. an affidavit, stating that there was due and owing to him from “The Yestry of St. Stephen’s Episcopal Church, the defendants,” the sum of money specified in the note annexed thereto, which was as follows:…

1Opinion of the CourtCochran, J.

This suit was brought to recover the amount of a promissory note made by Thomas S. Sumwalt, “Treas. of St.Stephen’s-Episcopal Church Fund.” The evidence contained in the 2nd exception shows, that the note in question was-drawn in- blank and given to J. W. Wilson & Co., in settlement of their account for materials furnished and work done for St. Stephen’s Church, and that afterwards, before its maturity, it was passed by Wilson to the appellee, with whom he had previously been in partnership, in settlement of a debt found to he due to him on their dissolution. It-also appears that the appellee…

2Cases cited1 opinion

  1. Wyman v. GrayCourt of Appeals of Maryland · 1826

3Cited by4 opinions

  1. Harper v. DavisCourt of Appeals of Maryland · 1911
  2. Haile v. PeirceCourt of Appeals of Maryland · 1870
  3. Catlett v. HawthorneSupreme Court of Virginia · 1931
  4. Standford v. DavisCourt of Appeals of Maryland · 1878

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