Foley v. William Mason & Son ex rel. Birckhead
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Trover by the appellees against the appellants, to recover the value of certain goods alleged to be illegally held by the defendants. The suit was begun on the 3rd of September 1849, and was entered for the use of Birckhead and Pearce, on the 14th of January 1851. Plea non cul. 1st Exception.
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Appeal from the Superior Court of Baltimore City. Trover by the appellees against the appellants, to recover the value of certain goods alleged to be illegally held by the defendants. The suit was begun on the 3rd of September 1849, and was entered for the use of Birckhead and Pearce, on the 14th of January 1851. Plea non cul. 1st Exception. It was admitted that William Mason, and William Mason, Jr., two of the legal plaintiffs, applied for the benefit of the insolvent laws, on the 5th of November 1849, and were finally discharged thereunder, and that McKim and Kennedy were their trustees and…
1Opinion of the CourtMason, J.
This is an action of trover, to recover the value of certain goods alleged to be illegally held by the defendants.
The plaintiffs’ whole case rests upon the testimony of the two Messrs. Mason, who are the legal plaintiffs upon the record. These witnesses were objected to, and if their testimony is deemed inadmissible, the plaintiffs have no case in court.
As a general rule, the legal plaintiff on the record, is not a competent witness to prove any issue in the pending controversy. The legal plaintiff in all cases is, prima facie, liable for costs equally with the equitable plaintiff, which…
2Cases cited4 opinions
- Robinson v. Marine Insurance Co.New York Supreme Court · 1807
- Powell v. Josiah Bradlee & Co.Court of Appeals of Maryland · 1837
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
- Brown v. JacksonU.S. Circuit Court for the District of Pennsylvania · 1807
3Cited by37 opinions
- Federal Reserve Bank of Richmond v. MalloySupreme Court of the United States · 1924
- In Re PalliserSupreme Court of the United States · 1890
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Messall v. Suburban Trust Co.Court of Appeals of Maryland · 1966
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