Thomas v. Delphy
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an action of assumpsit brought by the appellees to recover from the appellant a balance of $633.30, alleged to be due them for the livery of certain horses and for the value of a horse, the property of the plaintiffs, sold by the defendant. Plea — the general issue.
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Appeal from the Baltimore City Court. This was an action of assumpsit brought by the appellees to recover from the appellant a balance of $633.30, alleged to be due them for the livery of certain horses and for the value of a horse, the property of the plaintiffs, sold by the defendant. Plea — the general issue. The suit was originally brought in the Court of Common Pleas, but was removed by the appellees, on affidavit, to the Baltimore City Court, where a judgment was rendered in their favor for $726.37. The narr. contained eight counts; the first six were the ordinary money counts; the…
1Opinion of the CourtMaulsby, J.
The questions in this case arise on the second and third instructions of the Court. The appellant has not insisted, in the argument, on any error in the rejection of his three prayers, or in the first and fourth instructions.
There is evidence in the record tending to prove that on the morning after the horses were delivered, by an employee of a rail road company, at the stables of the plaintiffs,'with a statement that he thought they were Thomas and Spicer’s property,. the appellant came to the plaintiffs • and said the horses were his property, and contracted for their livery.
There is no…
2Cases cited1 opinion
- Andre v. BodmanCourt of Appeals of Maryland · 1859
3Cited by9 opinions
- Strohecker v. Schumacher & Seiler, Inc.Court of Appeals of Maryland · 1945
- Dunbar v. SmithSupreme Court of Alabama · 1880
- Hieston v. Natl. City Bk. of ChicagoCourt of Appeals of Maryland · 1918
- Warner-Lambert Pharmaceutical Co. v. William SylkCourt of Appeals for the Third Circuit · 1972
- De Waters v. MerglerCourt of Appeals of Maryland · 1944
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