Franklin Bank v. Pennsylvania, Delaware & Maryland Steam Navigation Co.
Court of Appeals of Maryland
Appeal jfrom Baltimore County Court. This was a special action on the case, in which the plaintiffs-below, the appellants, declared against the- appellees.- 1st. Upon the delivery of a package of bank notes by the plaintiffs to the defendants, at their special instance and request, to be carried from Baltimore to Philadelphia. 2nd count like the first, with an additional allegation, that the defendants were to deliver the said bank notes to the plaintiffs at Philadelphia.
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Appeal jfrom Baltimore County Court. This was a special action on the case, in which the plaintiffs-below, the appellants, declared against the- appellees.- 1st. Upon the delivery of a package of bank notes by the plaintiffs to the defendants, at their special instance and request, to be carried from Baltimore to Philadelphia. 2nd count like the first, with an additional allegation, that the defendants were to deliver the said bank notes to the plaintiffs at Philadelphia. Breach, that the defendants neither safely nor securely carried them to Philadelphia, nor delivered them there, but…
1Opinion of the CourtBuchanan, C. J.
The suit is to recover the value of a package of banknotes, which it is alleged, the defendants undertook to carry safely from Baltimore, and deliver at Philadelphia, and which is charged to have been lost by reason of gross negligence.
It is only necessary to take notice of those portions of the evidence offered at the trial, upon which the questions presented arise. It was proved by the cashier of the plaintiffs, that on the 18th of November 1834, he took the package in question, addressed to J. B. Mitchell, cashier of the Mechanics’ Bank of Philadelphia, to the office of the defendants in…
2Cited by16 opinions
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- Smith v. BriscoeCourt of Appeals of Maryland · 1886
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1875
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