Cropper v. Pittman
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit, brought on. the 7th of January 1854, by the appellee against the appellant, to recover for goods furnished and delivered by the plaintiff to one John S. Cropper.
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Appeal from the Superior Court of Baltimore city. Assumpsit, brought on. the 7th of January 1854, by the appellee against the appellant, to recover for goods furnished and delivered by the plaintiff to one John S. Cropper. The declaration sets out, in its first count, that on the 26th of September 1850, the defendant, in consideration that the plaintiff would furnish and deliver to one John S. Cropper, goods to the value of $600,- undertook and promised the plaintiff to pay him for the same, six months after their delivery, and that relying on this undertaking and promise, the plaintiff did…
1Opinion of the CourtTuck, J.
There is no substantial difference between this case and Conolly vs. Kettlewell, et al., 1 Gill, 260, in which it was decided, that the defendant could not be held answerable, where he had promised to pay for goods, if another person did not, such words importing a collateral and not an original liability. It was laid down as a general rule, that wherever the party undertaken for is originally liable on the same contract, the promise to answer for that liability is collateral, and must be in writing, as if one gives credit to another for goods sold and delivered, on the promise of a third…
2Cases cited4 opinions
- Elder v. WarfieldCourt of Appeals of Maryland · 1826
- Cole v. HebbCourt of Appeals of Maryland · 1835
- Conolly v. Kettlewell & WilsonCourt of Appeals of Maryland · 1843
- Northern Central Railway Co. v. PrentissCourt of Appeals of Maryland · 1857
3Cited by6 opinions
- Turner v. EaganCourt of Appeals of Maryland · 1911
- East Baltimore Lumber Co. v. K'nessett Israel Aushe S'phard CongregationCourt of Appeals of Maryland · 1904
- Kerner v. Eastern Dispensary & Casualty HospitalCourt of Appeals of Maryland · 2001
- Rosenbloom v. FeilerCourt of Appeals of Maryland · 1981
- Crown Realty Corp. v. WeinsteinCourt of Appeals of Maryland · 1939
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