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LEBRUN v. MARCEY

[No. 84, October Term, 1951.]

199 Md. 223 (1952)

86 A.2d 512

LEBRUN ET AL. v. MARCEY

Court of Appeals of Maryland.

Rehearing denied March 4, 1952.

Attorney(s) appearing for the Case

Mark P. Friedlander, with whom were Meatyard & Carlin on the brief, for the appellants.

Edward L. Foster, with whom were William B. Wheeler and Ralph J. Luttrell on the brief, for the appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

MARKELL, J., delivered the opinion of the Court.

This is an appeal from a summary judgment in an action on the promissory note that was involved in LeBrun v. Prosise, 197 Md. 466, 79 A.2d 543. In that case plaintiff in the instant case was one of the defendants; defendants in the instant case were the plaintiffs. At the argument the principal question discussed was whether the doctrine of

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