PAGENHARDT v. WALSH

[No. 112, September Term, 1967.]

250 Md. 333 (1968)

243 A.2d 494

PAGENHARDT, ASSIGNEE v. WALSH, TRUSTEE

Court of Appeals of Maryland.

Motion for rehearing filed September 6, 1968.

Denied and opinion modified September 23, 1968.


Attorney(s) appearing for the Case

William H. Geppert and Hugh A. McMullen, with whom were Gunter & Geppert on the brief, for appellant.

Theodore C. Waters, Jr., with whom were Miles & Stockbridge on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.


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

On 23 October 1964, McIntyre's Bakery, Inc. (the Bakery) of Westernport, Maryland, borrowed $60,000 from The Garrett National Bank of Oakland, Oakland, Maryland (the Bank). The loan was secured by a mortgage on four parcels of land, located in Westernport and owned by the Bakery.

On the day when the mortgage was executed, David G. McIntyre and William R. Burkett, who were, respectively, the president and secretary...

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