Yates v. Donaldson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellant against (he appellee and one Garland, to recover the balance due for the “ Western Continent,” a newspaper sold by plaintiff to defendants. Plea non assumpsit. Exception.
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Appeal from the Superior Court of Baltimore city. Assumpsit by the appellant against (he appellee and one Garland, to recover the balance due for the “ Western Continent,” a newspaper sold by plaintiff to defendants. Plea non assumpsit. Exception. The proof shows that Garland, intending to be owner of two-thirds, and Donaldson of the other third of said paper, and Yales knowing the proportions in which they intended respectively to own it, the following agreement, in writing, dated the 23rd of June 1848, and signed by Garland and Donaldson, was entered into between the parlies : “ We agree to…
1Opinion of the CourtTuck, J.
By the agreement of 23rd June 1848, the appellee and Garland became indebted to the appellant. As between them Garland owned two-thirds of the property, and Donaldson one-third; and this was known to the appellant at the time. If either had paid the whole or more than his proportion he would have been entitled to recover from the other for such excess, Owens vs. Collinson, 3 G. & J., 25; and his right of action would have accrued on the expiration of the time at which Yates himself, could have sued upon the agreement.
It appears that before the expiration of that time, and before compliance…
2Cases cited6 opinions
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Owens v. CollinsonCourt of Appeals of Maryland · 1830
- Hunter v. Van Bomhorst & Co.Court of Appeals of Maryland · 1851
- Clopper's Adm'r. v. Union BankCourt of Appeals of Maryland · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
- George v. AndrewsCourt of Appeals of Maryland · 1883
- Frank Herman & Co. v. WilliamsSupreme Court of Florida · 1895
- Crothers v. National BankCourt of Appeals of Maryland · 1930
- Whittemore v. Judd Linseed & Sperm Oil Co.New York Court of Appeals · 1891
16 more not listed; retrieve them via the Exa API.