Heskett v. Borden Mining Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Assumpsit, brought by the appellee against the appellant, to recover the value of a load of coal belonging to the plaintiff, which the defendant had taken on board his canal boat to carry from Cumberland to Alexandria.
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Appeal from the Circuit Court for Allegany county. Assumpsit, brought by the appellee against the appellant, to recover the value of a load of coal belonging to the plaintiff, which the defendant had taken on board his canal boat to carry from Cumberland to Alexandria. The declaration contains the commop1 counts, a count upon a promise to pay for the coal appropriated by the defendant to his own use as much as it was worth, and a count against him as carrier, upon bis promise to deliver the coal in Alexandria, Plea, non assumpsit. Exception. The plaintiff offered in evidence the bill of…
1Opinion of the CourtTuck, J.
The appellee sued the appellant, to recover the value of a quantity of coal, which the latter had taken on board his canal boat, to carry from Cumberland to Alexandria. The boat reached a point on the canal beyond which it could not proceed, and the coal never did reach its port of destination, or, at least, was not delivered there to the plaintiff. The case admits that it “passed into the possession of the defendant, and was by him used or disposed of for his own benefit.”
The plaintiff having proved and rested its case, the defendant offered to show the circumstances under which he had *185conver…
2Cases cited4 opinions
- Corner v. PendletonCourt of Appeals of Maryland · 1855
- President of the Farmers Bank v. DuvallCourt of Appeals of Maryland · 1835
- Melvin v. MelvinCourt of Appeals of Maryland · 1854
- Giese v. ThomasCourt of Appeals of Maryland · 1826
3Cited by2 opinions
- Fahey v. MottuCourt of Appeals of Maryland · 1887
- Dorsey's Lessee v. DorseyCourt of Appeals of Maryland · 1868