Baugher v. Culler
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick county. Assumpsit brought on the 15th of December 1854, by the appellants against-the appellee and Geo. H. Buckey, partners, trading under the firm of Culler & Buckey. The appellee was summoned and Buckey returned non est.
Read the full summary
Appeal from the Circuit Court for Frederick county. Assumpsit brought on the 15th of December 1854, by the appellants against-the appellee and Geo. H. Buckey, partners, trading under the firm of Culler & Buckey. The appellee was summoned and Buckey returned non est. The declarar tion counts upon an agreement by which Culler & Buckey stipulated that if the plaintiffs would forbear to sue them for a debt until the 1st of February 1849, they would pay the plaintiffs any counsel fees and commissions which the plaintiffs should be obliged to pay to any attorney whom they might employ to collect…
1Opinion of the Court
Bartol, J,,
delivered the opinion of this court.
This suit was originally instituted by the appellants against the appellee and George H. Buckey, as partners, trading in the name of Culler &• Buckey, on a contract alleged to have been made by the firm.
The appellee alone was summoned, Buckey being returned “non est.” In the progress of the cause, Buckey was called as a witness for the plaintiffs, for the purpose of proving the terms of the contract. The defendant objected to his competency, and the Circuit Court sustained the objection, and the question presented for our decision by the first…
2Cases cited1 opinion
- de Lizardi v. CohenCourt of Appeals of Maryland · 1845