Ratcliffe v. Sangston
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Replevin, brought May 15th, 1854, by the appellant against the appellee. Pleas non cepit, and property in defendants.
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Appeal from the Superior Court of Baltimore City. Replevin, brought May 15th, 1854, by the appellant against the appellee. Pleas non cepit, and property in defendants. Exception: The plaintiff proved that the goods replevied, were purchased in March, April and May 1854, by George W. Yerby, of the firm of Yerby, Tebbs and Yerby, in Washington, by making false representations to the plaintiff in New York, and that, ¡be plaintiff sold the goods to him on credit, exclusively upon the faith of such representations; that the goods so obtained and never paid for, were by that firm sent from…
1Opinion of the CourtCochran, J.
This suit was instituted by Frederick E. Ratcliffe, to recover certain articles of merchandise sold and delivered by him to the firm of Yerby, Tebbs & Yerby, upon representations alleged to have been false and fraudulent, made by George W. Yerby, one of its members, and which were assigned by that firm, in trust for the benefit of its creditors, to the appellees.
Two exceptions are presented in the record, the first of which was taken to the competency of George W. Yerby, who was examined as a witness by the appellees. The disqualifying interests, presumed from a possible residue of the trust…
2Cases cited3 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Powell v. Josiah Bradlee & Co.Court of Appeals of Maryland · 1837
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- Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
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