Brack v. Maryland Casualty Co.

Henderson, J., delivered the opinion of the Court. This appeal is from a judgment of the Baltimore City Court in favor of the appellee (defendant) for costs. The appellant raises only two questions on this appeal: (1) was it error for the trial court to have denied appellant’s request for a postponement of the hearing on August 27, 1957? and (2) was it error for the trial court to have found the issues between the parties res judicata ? The appellee moved to dismiss the appeal on the ground that the appellant failed to print in his record extract pleadings and evidence that have a direct and material bearing upon the answer to each of these questions.

We think the motion must be granted, but ⁵⁹¹ even considering the questions upon the matter supplied in the record extract, we should not be disposed to find error in the rulings complained of. The action in the instant case was instituted in the Superior Court of Baltimore City in 1946. On January 27, 1947, an amended declaration was filed, alleging that the appellant was the owner of three bonds, in the principal amount of $1,000 each, issued by the Continental Bond & Investment Company and guaranteed by the appellee as to payment of principal and interest; that the appellee had refused to make payment after demand. Similar allegations were made as to five bonds issued by the Guaranty Mortgage Company of Tampa, Florida, and as to six bonds issued by the National Bond & Mortgage Trust Company of Chicago, Illinois.

The appellee filed pleas, including pleas of res judicata, and filed copies of the bonds. The appellant filed a replication to the pleas of res judicata. On August 5, 1948, the appellee served a Request for Admission of Genuineness of Documents and for Admission of Facts, accompanied by pleadings and decrees of court in three proceedings involving the bonds in question instituted in Maryland, Florida and Illinois, respectively. The appellant was requested to admit that he was a party to two of these proceedings, and that his father, Henry L. Brack, was a party to the third proceeding, having consulted with the appellant prior to becoming a party.

In each of these proceedings decrees were entered which, for the considerations therein stated, relieved the appellee of its obligation as guarantor under each of the bonds in question. These Requests for Admission were never answered by the appellant. On May 24, 1950, the appellee filed a motion for summary judgment. Thereafter, the case was removed to the Baltimore City Court upon motion of the appellant.

The appellant appealed to this Court from the removal order. We granted a motion to dismiss the appeal. On May 23, 1957, the appellee filed a petition and show cause order to set the