Ordeman v. Lawson

• Citation: 49 Md. 135
• Parties: HERMAN D. ORDEMAN v. JOHN H. LAWSON and William P. N. Lawson, Trading as J. H. Lawson & Bro.
• Decision Date: 26 June 1878
• Court: Maryland Court of Appeals

49 Md. 135

HERMAN D. ORDEMAN v. JOHN H. LAWSON and William P. N. Lawson, Trading as J. H. Lawson & Bro.

Court of Appeals of Maryland

June 26, 1878

Appeal from the Circuit Court for Frederick County.

The appellant sued the appellees on a written guaranty. The declaration stated that, "George W. Davis, William M Davis and Isaac T. Davis, on the nineteenth day of April, in the year eighteen hundred and seventy-five, by their promissory note now overdue, promised to pay to the plaintiff the sum of five hundred dollars, with interest from date twelve months after date; and that at the same time and as part thereof, and for the same valuable consideration, and in order to obtain the said valuable consideration from the plaintiff for the said George W. Davis, William M. Davis and Isaac T. Davis, the said defendants made and delivered a guarantee in writing, of said promissory note to the said plaintiff, in words and figures following, to wit: 'April 19th, 1875.--We guarantee the payment of a note endorsed by George W. Davis, Wm. M. Davis, I. T. Davis, the amount being five hundred dollars; date of note April 19th, 1875,' and signed the same with the name of said firm, viz., J. H Lawson & Bro."

"And the plaintiff avers, that the said defendants promised him the said plaintiff, to pay him the amount of said promissory note, to wit: the sum of five hundred dollars, with interest from the date thereof, at the maturity of said promissory note, in case the same was not paid by the said George W Davis, William M. Davis and Isaac T. Davis. And the plaintiff further avers, that said promissory note has not been paid by the said George W. Davis, William M. Davis and Isaac T. Davis, or by either of them; and that the said defendants have not paid said promissory note, according to their promises and undertakings, and the same still remains due and unpaid; wherefore the plaintiff brings this suit, and claims one thousand dollars."

To this declaration the defendants demurred, and the demurrer being sustained by the court the plaintiff filed additional counts, two, three and four to the declaration, and subsequently filed the following additional count:

"5. And the said plaintiff sues the said defendants, for money payable by the defendants to the plaintiff, for money lent by the plaintiff to George W. Davis, Isaac T. Davis and William M. Davis; and which said money the defendants did expressly agree to pay the same to the said plaintiff, in case said George W. Davis, Wm. M. Davis and Isaac T. Davis did not pay the same. And the said plaintiff avers and charges, that the said George W. Davis, Wm. M. Davis and Isaac T. Davis have failed to pay the same, and the said defendants have not paid the same, and therefore plaintiff brings this suit and claims one thousand dollars."

Pleas were filed and issues joined.

First Exception.--The plaintiff at the trial proved that the defendants, John H. Lawson and William P. N. Lawson, were partners, trading as J. H. Lawson & Bro.; and further proved by plaintiff that George W. Davis asked the plaintiff to loan him $500; that thereupon Davis brought plaintiff a note, signed by George W. Davis, William M. Davis and Isaac T. Davis, for $500, and a guarantee in writing of said note by J. H. Lawson & Bro., that when said note fell due, the plaintiff called on said George W. Davis for payment, but said Davis said he was unable to pay said note, but would renew the same; that on the 19th of April, 1875, said George W. Davis brought to plaintiff a note signed by George W. Davis, William M. Davis and Isaac T. Davis, for $500, and the paper signed by J. H. Lawson & Bro.--said papers being wrapped together and delivered at the same time by George W. Davis; that upon the delivery of said renewal note and guarantee, plaintiff delivered to said George W. Davis said original note and guarantee. And further proved by said plaintiff that said note has never been paid by the said Davises, or either of them.

The plaintiff thereupon proved the signatures of George W. Davis, William M. Davis and Isaac T. Davis, and offered in evidence the following note:

$500.00. April 19th, 1875.

Twelve months after date, we, or either of us, promise to pay H. D. Ordeman, or order, the sum of five hundred dollars, for value received, with interest from date.

George W. Davis,

Wm. M. Davis,

Isaac T. Davis.

The plaintiff thereupon offered the following guarantee of J. H. Lawson & Bro., in evidence, the signature to the same being admitted:

April 19th, 1875.--We guarantee the payment of a note endorsed by George W. Davis, Wm. M. Davis, I. T. Davis, the amount being five hundred dollars; date of note April 19th, 1875.

J. H. Lawson & Bro.

Whereupon the defendants objected to said paper-writing being offered in evidence, and the court, (Lynch, J.,) sustained the objection. The plaintiff excepted.

Second Exception.--The plaintiff then asked the witness the following question:

"Was there any other note dated April 19th, 1875, made by George W. Davis, William M. Davis and Isaac T. Davis, amount of note being five hundred dollars, payable to plaintiff?"

The plaintiff offering to follow it up with testimony showing it was the intention of the defendants, by said paper-writing, to guarantee this identical note and none other. The defendants objected to the admissibility of the evidence, and the court, (Lynch and Bouic, JJ.,) sustained the objection, and refused to permit the question to be put to and answered by the witness. The plaintiff excepted.

Third Exception.--The plaintiff further proved by George W. Davis, who testified that in 1874, he had a business transaction with the plaintiff; that he, witness, had collected for plaintiff the sum of two hundred and fifty dollars, and called on plaintiff to pay it to him; in conversation with plaintiff, told him I would like to borrow the money if he could let me have five hundred dollars; the plaintiff said he would let me have it, if I would give him good security; that then he, witness, wrote the note dated April 19th, 1874, signed it, and obtained the signatures of his brothers, Isaac T. and Wm. M. Davis; (note here shown witness, who identified it and proved signatures;) that he then took said note to the plaintiff, but the plaintiff was not satisfied with the securities on the note and refused to let witness have the money, unless he would get other security; that witness then went to see the Messrs. Lawson, and asked them to go as security upon the note, but they refused to go security on the note, said they would not go security on any note, but said they would guarantee the said note; that then one of the Messrs. Lawson wrote and signed the guarantee, dated April 19th, 1874, (paper here shown witness, who identified paper,) and that signature was of J. H. Lawson & Bro.; that witness then took the note and the guarantee, wrapped or folded them together, went to plaintiff and gave him the note and guarantee, and plaintiff gave to witness $250 in cash, which, together with the money witness had in his possession belonging to plaintiff, made five hundred dollars, the consideration of the note. That when note of April 19th, 1874, became due, plaintiff notified the witness that he required payment of said note; that witness informed plaintiff that he was unable to pay the money, but would renew the said note; that plaintiff told witness that if he would renew said note and pay the interest, he might have the money, as he did not want it; that witness wrote the note dated April 19th, 1875, and obtained the signatures of his brothers to it, (note here shown witness, who testified that note was in his handwriting, and that the signatures of Wm. M. and Isaac T. Davis, were in their handwriting;) that he then went to the Messrs. Lawson and asked them to go security on said note, but they refused, and said they would not go security on any note, but said they would guarantee said note; that he then showed the note to them, and Mr. Wm. P. N. Lawson taking the names, dates and amount of note from the note, wrote the paper guaranteeing said note, and signed it, and gave said paper to witness. (Paper here shown witness, who identified said paperwriting.) That witness then took the note and the guarantee, folded them together, went to plaintiff, and gave said note and guarantee to said plaintiff; that plaintiff then delivered to witness the note and guarantee, dated April 19th, 1874, and that witness cancelled said note and guarantee by making the pen marks across the names of the makers thereof; witness further testified that said note has not been paid. Plaintiff then offered in evidence to the jury the note and guarantee dated April 19th, 1874:

$500.00. April 19th, 1874.

Twelve months after date, we, or either of us, promise to pay H. D. Ordeman, or order, the sum of five hundred dollars, for value received, with interest from date.

George W. Davis,

Isaac T. Davis,

William M. Davis.

(Pen marks across the above three names.)

April 19th, 1874.

Capt. H. D. Ordeman,

Let George W. Davis, Wm. M. Davis and I. T. Davis have five hundred dollars, by them given their note dated April 19th, 1874. We will pay it provided you can't collect it off of them.

J. H. Lawson & Bro.

(Pen marks across the above name.)

Witness on cross-examination, testified that the note and guarantee were delivered up to him by Captain Ordeman at the time of the delivery of the second note and guarantee, and that the same has been in his possession ever since, till January 1st, 1878.

The defendants, then proved by the plaintiff that Davis had in his possession $250 belonging to plaintiff, which he had collected some time prior to April 19th, 1874--how long witness cannot say; that at...