Aldridge & Higdon v. Turner
Court of Appeals of Maryland
Appeal from Saint Mary’s County Court. This was. an action of assumpsit, brought on the 19th of February, 1825. There was but one count in the declaration, which stated “That whereas one Charles C. Egerton, jun. before the making of the promise and undertaking herein after mentioned, to wit, on the 21st day of April, in the year 1820, at the town of Baltimore, in Baltimore county in the State of Maryland, to wit, at the county aforesaid, made and signed his certain note in…
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Appeal from Saint Mary’s County Court. This was. an action of assumpsit, brought on the 19th of February, 1825. There was but one count in the declaration, which stated “That whereas one Charles C. Egerton, jun. before the making of the promise and undertaking herein after mentioned, to wit, on the 21st day of April, in the year 1820, at the town of Baltimore, in Baltimore county in the State of Maryland, to wit, at the county aforesaid, made and signed his certain note in writing, commonly called a promissory note, bearing date the day and year aforesaid; and thereby six months after date of…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court.
We do not perceive any error in the opinion of the court below, and the instruction given at the trial to the jury, that the .plaintiffs were not entitled to recover.
The guaranty by Turner, written upon the back of the promissory note, given by Egerton to the plaintiffs, of the ultimate payment of the amount, appearing to be wholly without consideration, was clearly nudum pactum and void; and the plea of non assumpsit which was filed by the defendant to the declaration founded upon that guaranty, properly let in the objection of the want of…
2Cited by4 opinions
- Nabb v. KoontzCourt of Appeals of Maryland · 1861
- Deutsch ex rel. Kanders v. BondCourt of Appeals of Maryland · 1877
- Ordeman v. LawsonCourt of Appeals of Maryland · 1878
- Culbertson v. SmithCourt of Appeals of Maryland · 1879